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V. ZAPPALA & CO., INC. v. PYRAMID CO. OF GLENS FALLS

81 A.D.2d 983 (1981)

V. Zappala & Co., Inc., Respondent, v. Pyramid Company of Glens Falls et al., Appellants

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

May 28, 1981

Plaintiff, a concrete block manufacturer, entered into a contract with the defendant real estate developer (Pyramid) to manufacture and deliver pigmented concrete blocks to be used in the construction of a shopping mall. The agreement provided, in part: "All block units to conform in color and texture to standard sample W-2 furnished by Zappala Block to Owner. The manufacturer shall be responsible for maintaining consistency of color and texture throughout the entire run...

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