205 A.D. 591 | N.Y. App. Div. | 1923
The contract provides for payments to the contractor “ not to exceed eighty-five per cent (85%) of the full value of the work done and materials furnished, as the work progresses,” and “ On the last day of each and every calendar month, the Contractors’ statement as herein provided shall be submitted to the Architect,
The peremptory order of mandamus should be modified so as to provide for the payment of eighty-five per cent of the amount due for labor and materials actually furnished, and as so modified affirmed, without costs.
Present — Kelly, P. J., Rich, Jay cox, Manning and Kapper, JJ.
Peremptory mandamus order modified so as to provide for the payment of eighty-five per cent of the amount due for labor and materials actually furnished, and as so modified unanimously affirmed, without costs. Settle order on notice.