Appellate Terms of the Supreme Court of New York December 24, 1908 (Zambetti v. Garton)

GIEGERICH, J.

The defendant was the owner of, and engaged in building upon, certain premises, and had let the contract therefor to a firm known as Rose Bros., who sublet a portion of the work to the plaintiffs. Rose Bros, defaulted in the work and abandoned their contract, leaving a part of the work undone.