BEN CONSTR. CORP. v. SNUSHALL


44 Misc.2d 878 (1964)

Ben Construction Corp., Plaintiff, v. Earl D. Snushall et al., Defendants.

Supreme Court, Onondaga County.

December 3, 1964


Attorney(s) appearing for the Case

Harold A. Manheim for plaintiff. Michaels, Port & Cuddy for defendants.


DANIEL E. MACKEN, J.

The court will treat this application as a motion for summary judgment pursuant to CPLR 3211, subd. (c).

On April 11, 1962 defendants signed an agreement with plaintiff for the purchase and installation of aluminum clapboards, a storm door and some steps for cash price of $1,880. The agreement further provided: "The Owner desires to pay for the foregoing materials and labor with...

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