Appellate Division of the Supreme Court of New York, 1952

Froehlich v. Feldberg

Froehlich v. Feldberg
Appellate Division of the Supreme Court of New York · Decided May 26, 1952
279 A.D. 1095; 112 N.Y.S.2d 691; 1952 N.Y. App. Div. LEXIS 5961
Froehlich v. Feldberg

Opinion of the Court

Each of the above findings is in accord with the weight of the credible evidence. Molan, P. J., Johnston and Mae Crate, JJ., concur; Adel, J., dissents and votes to reverse and grant judgment to appellant in the sum of $1,800, with the following memorandum: The finding that appellant breached the contract is against the weight of the evidence. The proof supports a finding that the appellant ceased work because of nonpayment. There is no credible evidence that the “reasonable cost” of completing the contract was $4,100, as found by the Referee. The evidence supports a finding that such cost was, at most, $2,300. Schmidt, J., concurs with Adel, J.

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