AUBURN CUSTOM MILLWORK, INC. v. SCHMIDT & SCHMIDT, INC.

64 CA 16-00907.

148 A.D.3d 1527 (2017)

2017 NY Slip Op 02180

50 N.Y.S.3d 635

AUBURN CUSTOM MILLWORK, INC., Respondent-Appellant, v. SCHMIDT & SCHMIDT, INC., Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 24, 2017.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff's motion in its entirety and vacating the award of damages, and as modified the order is affirmed without costs.

Memorandum: Defendant, a general contractor, entered into a contract with the Town of Charlton (Town) in August 2006 for the construction of a town hall building. The architect hired by the Town prepared detailed specifications for the project. Plaintiff...

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