JOHN W. COWPER CO., INC. v. BUFFALO HOTEL DEV. VENTURE


91 A.D.2d 1183 (1983)

John W. Cowper Company, Incorporated, Respondent, v. Buffalo Hotel Development Venture et al., Appellants, et al., Defendants

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

January 31, 1983


Order unanimously reversed, with costs, and motion granted.

Memorandum:

Plaintiff Cowper instituted this action for breach of contract and foreclosure of a mechanic's lien to recover sums due under a contract with Buffalo Hotel Development Venture and its sole general partner, Clement Chen, Jr., for construction of the Buffalo Hilton Hotel and parking garage. In its eighth cause of action, plaintiff alleges that defendants intentionally withheld payment in...

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