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ENDICOTT v. PARLOR CITY CONTR.

51 A.D.2d 370 (1976)

Village of Endicott, Appellant, v. Parlor City Contracting Co., Inc., Defendant-Respondent and Third-Party Plaintiff-Appellant. Binghamton Concrete Pipe and Products Corporation, Third-Party Defendant-Respondent

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

April 1, 1976

Attorney(s) appearing for the Case

Becker, Card, Levy & Richards, P.C. (Rodney A. Richards of counsel), for appellant.

Kramer, Wales & McAvoy (David W. Kramer of counsel), for defendant-respondent and third-party plaintiff-appellant.

Levene, Gouldin & Thompson (Robert H. Reeder of counsel), for third-party defendant-respondent.

GREENBLOTT, J.P., MAHONEY, MAIN and REYNOLDS, JJ., concur.

HERLIHY, J.

On May 14, 1968, the plaintiff village and the defendant Parlor City Contracting Co., Inc. (hereinafter Parlor City) entered into a written contract for the construction of a storm sewer system in the village. Parlor City was to install the system, including certain specified pipe in accordance with certain plans and specifications, for a total consideration of $420,936.10. It appears undisputed that...

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