YOUNG v. ELMIRA TRANSIT MIX


52 A.D.2d 202 (1976)

Clifford A. Young, Respondent, v. Elmira Transit Mix, Inc., Appellant

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

May 21, 1976


Attorney(s) appearing for the Case

Hiscock, Lee, Rogers, Henley & Barclay (Howard Munson of counsel), for appellant.

Rizzo, Aloi, Grasso, Urciuoli & Becchio and Irwin Birnbaum (Sheila Birnbaum of counsel), for respondent.

MARSH, P. J., MOULE, MAHONEY and GOLDMAN, JJ., concur.


CARDAMONE, J.

Defendant appeals from a judgment in favor of plaintiff entered upon a $60,000 jury verdict. Plaintiff, Clifford Young, was constructing his own house in Syracuse, New York on a "do-it-yourself" basis during the year 1965. In May of that year he ordered some cement from the defendant, Elmira Transit Mix, Inc., to lay the footings and in December he ordered the same type of cement from defendant...

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