Lexington Sheet Metal Works v. Libman Contracting Co.

PAGE, J. The complaint did not sufficiently allege performance (Code of Civil Procedure, § 533; Rosenthal v. Rubin, 148 App. Div. 44, 132 N. Y. Supp. 1053, and cases cited), nor did the plaintiff prove performance of the contract according to the terms thereof. Judgment reversed, with costs, and complaint dismissed, with costs, without prejudice to. a new action. All concur.