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KEATING v. ASTOR THEATRE CORP.

277 A.D. 52 (1950)

Edward J. Keating, Doing Business Under the Name of Keating Construction Company, Appellant, v. Astor Theatre Corporation, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 6, 1950.

Attorney(s) appearing for the Case

Raphael H. Weissman for appellant.

John A. Wilson of counsel (Willard M. L. Robinson and William F. Hamilton with him on the brief; Shearman & Sterling & Wright, attorneys), for respondent.

PECK, P. J., DORE, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

Per Curiam.

The plaintiff, who is a general contractor, brought this action at law to recover from the owner of real property a balance allegedly due under a contract for the alteration of a building. The answer served by the owner denied liability and asserted a legal counterclaim for an alleged overpayment. Pursuant to section 287 of the Civil Practice Act, the defendant owner successfully moved to bring in four subcontractors...

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