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DI DONNA v. SACHS

9 A.D.2d 576 (1959)

William N. Di Donna et al., Copartners Doing Business as A & B Construction Co., Respondents, v. Dolores G. Sachs et al., Appellants, and Stephen Colmar, Doing Business as Ramloc Stone Co., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959

Appellants contracted with one Tamm, a contractor, to build a house for them according to detailed specifications and for a fixed sum. The liens were filed, one for concrete work and the other for materials furnished to Tamm. The motion papers show that Tamm claims he presented a requisition for $1,750 to appellants on November 1, 1954, which is denied by appellants. At some time the contract was cancelled and Tamm executed a general release to appellants. Appellants rely...

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