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20 EAST 74TH ST., INC., v. MINSKOFF

282 A.D. 197 (1953)

20 East 74th Street, Inc., Appellant, v. Esther Minskoff, as Executrix of Sam Minskoff, Deceased, et al., Respondents

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

June 9, 1953.

Attorney(s) appearing for the Case

Aaron Lipper of counsel (Walter J. Keeley with him on the brief; Lipper, Shinn & Keeley, attorneys), for appellant.

Martin Lippman of counsel (Sidney Kant with him on the brief; McLaughlin & Stern, attorneys), for respondents.

PECK, P. J., DORE and BREITEL, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to affirm, in opinion, in which GLENNON, J., concurs.

Per Curiam.

There would certainly be a triable issue in this case as to whether the building had been completed in accordance with the contract except for the presumption arising from the provision of the contract as to when the building was to be "deemed" completed and the giving of the releases. Appellant contends that the presumption and releases should not bar its proving defendants' breach of contract to furnish...

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