Appellate Division of the Supreme Court of New York, 1957

Wheeling Metal Fabricators, Inc. v. Arcola Plumbing & Heating, Inc.

Wheeling Metal Fabricators, Inc. v. Arcola Plumbing & Heating, Inc.
Appellate Division of the Supreme Court of New York · Decided April 15, 1957
3 A.D.2d 855; 161 N.Y.S.2d 495; 1957 N.Y. App. Div. LEXIS 5874
Wheeling Metal Fabricators, Inc. v. Arcola Plumbing & Heating, Inc.

Opinion of the Court

In an action to recover the agreed price and reasonable value of work, labor and services performed and materials furnished, *856the appeal is from a judgment in favor of respondent, entered after trial by the court without a jury. Judgment reversed and new trial granted, with costs of appellant to abide the event. The finding in favor of respondent is, in our opinion, against the weight of the evidence. Wenzel, Acting P. J., Beldock, Murphy, TJghetta and Kleinfeld, JJ., concur.

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