T. S. E. BLDG. CORP. v. ANDREIEV


49 Misc.2d 741 (1966)

T. S. E. Building Corp., Plaintiff, v. Alexis Andreiev et al., Defendants.

Supreme Court, Special Term, Suffolk County.

March 29, 1966


Attorney(s) appearing for the Case

Delson & Gordon for plaintiff. Gordon & Rabin for Alexis Andreiev, defendant.


JACK STANISLAW, J.

Plaintiff contractually agreed to build a house for defendants. When the dwelling was ostensibly finished defendants were advised of a closing date. They refused to take title, stating that construction was defective and therefore plaintiff in breach of the contract. At any rate, no transfer of title was ever made, although plaintiff made tender of its deed.

A motion has been made by the defendants to dismiss the complaint for...

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