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UNDERHILL CONSTR. CORP. v. NEW YORK TEL. CO.

56 A.D.2d 760 (1977)

Underhill Construction Corp., Appellant, v. New York Telephone Company et al., Respondents, et al., Defendants

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

March 8, 1977

Respondents shall recover of appellant $60 costs and disbursements of this appeal.

That cause is solely against New York Telephone Company (NYT), the owner of a building in White Plains which was being improved by the Stewart M. Muller Construction Company, the general contractor. It is based upon the theory of implied contract in that NYT allegedly promised and assured plaintiff, the concrete subcontractor, that its claim for additional or increased costs would be...

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