MEMPHIS CONSTR., INC. v. VILL. OF MORAVIA


59 A.D.2d 646 (1977)

Memphis Construction, Inc., Respondent, v. Village of Moravia, Appellant

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

September 23, 1977


Order unanimously affirmed, with costs.

Memorandum:

Pursuant to a contract with the New York State Water Authority and the defendant village, plaintiff installed main sewer lines within the village. Construction was completed in 1971 and plaintiff was paid. In April, 1972, while lateral sewer lines were being installed by a third party, the main sewer line, for reasons yet undetermined, either broke or was damaged, and required immediate repair. At defendant...

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