FLESCHNER BROS. v. CONSOL. EDISON CO.


279 A.D. 69 (1951)

Fleschner Bros., Inc., Respondent, v. Consolidated Edison Company of New York, Appellant

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

October 30, 1951.


Attorney(s) appearing for the Case

John M. Keegan of counsel (John D. Gray with him on the brief; Keegan & Clarke, attorneys), for appellant.

Jonas J. Shapiro of counsel (Janet Perlman with him on the brief; Shapiro & Gottesman, attorneys), for respondent.

COHN, CALLAHAN and VAN VOORHIS, JJ., concur; SHIENTAG, J., dissents and votes to affirm.


PECK, P. J.

Defendant appeals from an adjudication that plaintiff is entitled to interest on an account payable. The question, in the rather unusual circumstances of this case, is whether there was some default on defendant's part in making payment and whether plaintiff is entitled to make any claim for interest on account of delayed payment.

Plaintiff is engaged in the business of demolishing buildings...

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