COMET HEATING & COOLING CO., INC. v. MODULAR TECHNICS CORP.


57 A.D.2d 526 (1977)

Comet Heating & Cooling Co., Inc., Respondent, v. Modular Technics Corporation et al., Appellants, et al., Defendants

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

April 19, 1977


The trial court found that plaintiff subcontractor had substantially performed the work and supplied the materials required by his contract with defendant Modular, the contractor. It further found that discontinuance of the job by defendant Modular, without fault of plaintiff, kept plaintiff from completing the balance of the work and prevented compliance with the condition precedent which required that defendant Modular receive final payment from the owner before plaintiff...

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