Benjamin Weeks, Appellant v. James O’Brien, as Executor

Summary

The New York Court of Appeals reversed the trial court's dismissal of a complaint for the last installment under a building contract, holding that the plaintiff need not allege that the architect unreasonably withheld the required certificate when the defendant, after giving notice, completed the work himself, rendering the certificate condition unnecessary, and that a defendant may raise a pleading objection at trial under Code Civ. Pro. § 499.