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INC. VILL. OF PHILMONT v. A. COLARUSSO & SON, INC.

85 A.D.2d 856 (1981)

Incorporated Village of Philmont, Respondent, v. A. Colarusso & Son, Inc., et al., Appellants

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

December 31, 1981

A contract negotiated in July, 1978 required the defendant contractor to construct a sewage disposal system for the plaintiff village. During the performance of the work the village, claiming that tests showed certain defects, ordered the contractor to remove and reinstall an entire section of sewer line. The contractor hired a private consultant who found that only one small section needed replacement, and, accordingly, replaced...

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