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MIDDLETON v. J. M. A. CONSTR. CO., INC.

47 A.D.2d 544 (1975)

Gilbert Middleton et al., Respondents, v. J. M. A. Construction Co., Inc., Defendant, and Dartmouth Plan et al., Appellants

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

January 20, 1975

Order reversed, on the law, with $20 costs and disbursements, and complaint dismissed as to appellants.

Plaintiffs entered into a written contract with defendant J. M. A. Construction Co., Inc., whereby J. M. A. was to perform certain labor and services and supply certain materials for work to be performed on plaintiffs' home, for which plaintiffs were to pay J. M. A. $14,000. As the result of a fire loss, plaintiffs had...

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