Jacob Youngs, Incorporated v. . Kent , 230 N.Y. 656 ( 1921 )

Per Curiam.

The court did not overlook the specification which provides that defective work shall be replaced. The promise to replace, • like the promise to install, is to be viewed, not as a condition, but as independent and collateral, when the defect is trivial and innocent. The law does not nullify the covenant, but restricts the remedy to damages.

The motion for a re-argument should be denied.

His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Motion denied.