RESNICK v. LEVINE


80 A.D.2d 699 (1981)

William Resnick, Doing Business as Modern Lands, Respondent, v. Ben Levine et al., Appellants

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

February 19, 1981


Plaintiff commenced the instant action to recover the balance due on a parol contract involving the performance of landscaping work on a lot owned by defendants. The trial court found that the parties entered into a parol contract by which defendants would pay $9 per hour for labor plus the costs of materials. The trial court rejected defendants' contention that a fixed contract price of $6,000 was agreed upon by the parties. Defendants appeal from the award of $7,210.13...

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