STAGE v. VILL. OF OWEGO


48 A.D.2d 985 (1975)

John J. Stage, Doing Business as Stage Construction Company, Respondent, v. Village of Owego, Appellant

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

June 26, 1975


On December 24, 1964 the plaintiff entered into a contract with the village to install sewer lines. The plaintiff's construction was to commence within 10 days thereafter. However, the village had not then obtained certain necessary easements and permits. The trial court has found that, as a result, the plaintiff was required to work in areas where additional expenses were incurred due to the presence of deeper frost in the ground. The failure of the defendant to obtain the...

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