Appellate Division of the Supreme Court of the State of New York November 19, 1909 (Grady v. Fazzolari)

Woodward, J.:

The plaintiff’s assignor entered into a written contract with the defendant for the construction of a three-story brick building in Brooklyn. The contract was substantially completed, as appears from the evidence, and this action is brought to recover the, sum of $2,250, the balance alleged to be due under .such contract.