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  5. 51 N.Y.2d 833 (1980)
 

ACME BUILDERS, INC. v. FACILITIES DEV. CORP.

51 N.Y.2d 833 (1980)

Acme Builders, Inc., Appellant, v. Facilities Development Corporation, Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1980.

Attorney(s) appearing for the Case

Emanuel F. Abbate and Norman D. Alvy for appellant.

Robert Abrams, Attorney-General (Richard J. Dorsey and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Trial Term, after considering the contract, accompanying documents and extrinsic evidence, found that plaintiff was required to paint the entire existing boiler room at the Woodbourne Rehabilitation Center. It cannot be said that this finding, affirmed by the Appellate Division, was erroneous as a matter of law.

There is no merit to plaintiff...

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