Appellate Division of the Supreme Court of New York, 1916

John J. Guinan Contracting Co. v. Topeka Paving Co.

John J. Guinan Contracting Co. v. Topeka Paving Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1916
172 A.D. 929; 157 N.Y.S. 1129
John J. Guinan Contracting Co. v. Topeka Paving Co.

Opinion of the Court

The issue relates entirely to the values of labor and materials, which fall under a few classes. The defendant, through its attorney, stated that it was willing to make admissions concerning such matters. Certainly, in view of the condition of the pleadings, aided by such proper concessions, a reference is not necessary. Order reversed, with ten dollars costs and disbursements, and motion denied, without costs. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.

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