SEHLBERT MECH. CORP. v. KESSEL/DUFF CONSTR. CORP.


79 A.D.2d 680 (1980)

Sehlbert Mechanical Corp., Respondent, v. Kessel/Duff Construction Corp. et al., Appellants, et al., Defendant

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

December 22, 1980


Judgment reversed, on the law and the facts, without costs or disbursements, and, as between plaintiff and defendants Kessel/Duff and Travelers, action severed and new trial granted limited to the issue of damages only.

On July 8, 1977 plaintiff and defendant Kessel/Duff entered into a written contract, wherein plaintiff agreed to install the heating and air conditioning system in a building under construction, for the total contract price of $61,450. Pursuant to...

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