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P.T. & L. CONSTR. v. WINNICK

59 A.D.2d 368 (1977)

In the Matter of P.T. & L. Construction Co., Inc., Appellant, v. Edward P. Winnick et al., Respondents

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

November 23, 1977

Attorney(s) appearing for the Case

Norton & Christensen (Henry N. Christensen, Jr., of counsel), for appellant.

Livingston S. Latham for respondents.

SWEENEY, J. P., MAHONEY, LARKIN and MIKOLL, JJ., concur.

MAIN, J.

Petitioner is the prime contractor for the construction of a portion of Interstate 88 and for other work on adjacent New York State highways. For contemplated use in the performance of its two contracts, the petitioner sought to buy soil for use as borrow in the construction of the highways. On December 28, 1973 petitioner signed a contract with respondents under the terms of which petitioner purchased...

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