VALENTE v. TWO GUYS FROM HARRISON, N. Y., INC.


35 A.D.2d 862 (1970)

Joseph A. Valente, Doing Business as Valente Sand and Gravel, et al., Appellants, v. Two Guys from Harrison, N. Y., Inc., Respondent

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

November 5, 1970


Under the contract appellants were to perform demolition, removal, filling, compaction and grading operations as distinct contractual responsibilities, and a literal reading of the "site work" clause clearly manifests this distinction. Furthermore, the fact that all the contract clauses relating to fill refer to compaction is as much an affirmation of respondent's argument that the whole project had such requirements as it is of appellants' theory that compaction only applies...

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