EAGLE CONSTRACTORS OF UTICA, INC. v. Black

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8 N.Y.2d 732 (1960)

Eagle Contractors of Utica, Inc., Respondent-Appellant, v. Margaret Black, Appellant-Respondent.

Court of Appeals of the State of New York.

Argued March 25, 1960.

Decided April 21, 1960.

Ira M. Ball for appellant-respondent.

James H. Gilroy, Jr., for respondent-appellant.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Judgment affirmed, with costs to plaintiff. A personal judgment was proper under the pleadings and proof. Cross appeal of plaintiff withdrawn on the argument, without costs. No opinion.

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