HORNING v. GORE


87 A.D.2d 34 (1982)

Lee Horning, Appellant, v. George W. Gore et al., Respondents

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

May 27, 1982


Attorney(s) appearing for the Case

Miller, Mannix, Lemery, & Kafin, P. C. (Benjamin R. Pratt, Jr., of counsel), for appellant.

LaPann, Reardon, Fitzgerald & Firth (Peter A. Firth of counsel), for respondents.

MAHONEY, P. J., and WEISS, J., concur with CASEY, J.; SWEENEY and KANE, JJ., concur in the result only.


CASEY, J.

In April, 1979, plaintiff contractor and his crew of workmen commenced the erection of a single-family dwelling for defendants, on land that plaintiff had sold to them. This construction was undertaken pursuant to a contract entered into between the parties, which required plaintiff to perform "in a good, workmanlike and substantial manner" and to "provide good, proper and sufficient materials and labor, [and] scaffolding * * * necessary...

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