MARTIN ROOFING v. GOLDSTEIN


60 N.Y.2d 262 (1983)

Martin Roofing, Inc., Appellant, v. Sheldon S. Goldstein, Also Known as Shelly Goldstein, Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1983.


Attorney(s) appearing for the Case

Louis G. Adolfsen and Stanley Weiner for appellant.

Robert J. Miller and Jerry A. Weiss for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur.


SIMONS, J.

Plaintiff seeks to recover $11,000 for materials and services. The sum represents an agreed price of $12,000, less $1,000 previously paid on account, due to plaintiff from Bon-Aire Construction Corporation pursuant to a roofing contract executed by the parties November 13, 1974. After completing the work in May, 1975, plaintiff sued the corporation, and when...

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