Nevin v. Lemberg , 126 N.Y.S. 1139 ( 1910 )

Judgment affirmed, with costs. No opinion. Hirschberg, P. J., Woodward, Rich and Carr, JJ., concurred; Thomas, J., dissented upon the ground that there is uncontradicted evidence that the plaintiff did not fully perform the contract, and that no deduction has been made for failure to perform certain parts of the work.