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ROMA v. PEMBRIDGE

59 A.D.2d 627 (1977)

Eleanora Roma, Respondent, v. Leonard Pembridge, Doing Business as Ellis Bros. & Pembridge, Appellant, and Roger Burd, Defendant and Third-Party Plaintiff. Mario Roma et al., Third-Party Defendants

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

September 15, 1977

This is an action upon an executory contract pursuant to which defendants were engaged to excavate and pour the foundation for a home to be built for plaintiff and her husband, Mario Roma. Prior to the pouring of the foundation, Mario Roma testified that he instructed defendant Pembridge not to go forward with the work because, the way the forms were situated, the cellar was going to be too high, but Pembridge nonetheless went forward and completed the job. This action resulted...

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