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TIBBETTS CONTR. CORP. v. O & E CONTR. CO.

15 N.Y.2d 324 (1965)

Tibbetts Contracting Corporation, Respondent-Appellant, v. O & E Contracting Company, Inc., Respondent-Appellant, and Vioe Realty Corp., Appellant-Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 18, 1965.

Attorney(s) appearing for the Case

Max Freund and Fred Greene for appellant-respondent.

Emory Gardiner and Michael W. La Penna for O & E Contracting Company, Inc., respondent-appellant.

Francis J. Duffy and Hyman A. Hochman for Tibbetts Contracting Corporation, respondent-appellant.

Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN concur.

VAN VOORHIS, J.

Under a contract with defendant Vioe, defendant O & E agreed to do excavation, grading and drainage work on property which Vioe was developing for lease to S. Klein Department Stores, Inc. Plaintiff subcontracted to lay certain drainage pipes. In March, 1959 O & E removed its equipment from the job site and on the basis of that and other alleged breaches of the contract Vioe declared O...

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