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GEORGE B. CLARKE & SONS, INC. v. BAR HARBOUR SHOPPING CTR., INC.

22 A.D.2d 908 (1964)

George B. Clarke & Sons, Inc., Respondent-Appellant, v. Bar Harbour Shopping Center, Inc., Appellant-Respondent. (Action No. 1.) Bar Harbour Shopping Center, Inc., Respondent-Appellant, v. George B. Clarke & Sons, Inc., Appellant-Respondent. (Action No. 2.)

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

December 21, 1964

Judgment, insofar as appealed from by the respective parties, reversed on the law and the facts, without costs, and a new trial granted.

On the trial Clarke offered testimony that the asphalt paving of the parking area was laid according to the contract specifications and in a workmanlike manner. Evidence to the contrary was offered by Bar Harbour. The jury therefore had a basis for determining whether Clarke was entitled...

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