CENTURY CONSTR. CORP. v. FRIEDMAN


40 A.D.2d 1033 (1972)

Century Construction Corp., Respondent, v. Norman Friedman et al., Appellants

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

December 29, 1972


Order reversed and motion denied. Appellants are awarded one bill of $10 costs and disbursements to cover both appeals.

In our opinion a triable issue exists with respect to the meaning of paragraph 7 of the April 8, 1970 agreement entered into between plaintiff and defendant Alac Corp. Therefore, it cannot be determined whether it was intended that defendants would be precluded from raising as a defense to this action the alleged failure of plaintiff to do certain...

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