New York Court of Appeals, 1939

Fredburn Construction Corp. v. City of New York

New York Court of Appeals · Decided May 23, 1939 · <italic>Per Curiam.</italic>

21 N.E.2d 370; 280 N.Y. 402; 1939 N.Y. LEXIS 1332 (North Eastern Reporter, Second Series)

Cases that cite this one

15 later published cases cite this decision.

Ferran Concrete Co. v. Facilities Development Corp. (Appellate Division of the Supreme Court of New York 1978)
Fattore Company, Inc. v. Metropolitan Sewerage Commission of the County of Milwaukee (7th Cir. 1972)
Buffalo Electric Co. v. State (N.Y. 1964)
F. H. McGraw & Co. v. New England Foundation Co., Inc (1st Cir. 1954)
Brandt Corp. v. City of New York (N.Y. 1964)
Buffalo Electric Co. v. State (Appellate Division of the Supreme Court of New York 1963)
Buffalo Electric Co. v. State (N.Y. Ct. Cl. 1961)
Buffalo Electric Co. v. State (Appellate Division of the Supreme Court of New York 1959)
Pearlman v. State (N.Y. Ct. Cl. 1959)
Tuttle v. W. T. Grant Co. (Appellate Division of the Supreme Court of New York 1958)
D'Angelo v. State (N.Y. Ct. Cl. 1957)
Tuttle v. W. T. Grant Co. (New York Supreme Court 1957)
Buffalo Electric Co. v. State (N.Y. Ct. Cl. 1956)
Nicholas Di Menna & Sons, Inc. v. City of New York (N.Y. 1950)
Podzuweit v. State (N.Y. Ct. Cl. 1948)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

We are of the opinion that upon the motion made by defendant for summary judgment under rule 113 of the Rules of Civil Practice, a substantial question of fact was presented which entitled the plaintiff to a trial of the issue as to whether the so-called last payment voucher was intended and understood to be a last payment voucher and whether plaintiff was barred by accepting the so-called last payment from recovering any further payments from the defendant.

The judgments should be reversed and the motion denied, with costs to the appellant to abide the event.

Lehman, Httbbs, Loughban, Finch and Rippey, JJ., concur; O’Bbien, J., dissents; Cbane, Ch. J., taking no part.

Judgments reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.