MARTIN v. TRAVER


19 A.D.2d 571 (1963)

Frank Martin et al., Appellants, v. Clarence Traver, Respondent

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

May 7, 1963


Plaintiffs sue defendant, who is a builder, for breach of contract for the construction of a dwelling, alleging the work was done carelessly; not in a workmanlike manner, and not finished. The answer pleads a general denial and affirmatively alleges that "the plaintiffs" had "signed a release stating that the contract * * * had been completed satisfactorily according to the terms of the contract". Defendant has had summary judgment and plaintiffs appeal. The instrument on...

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