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ELEC. CITY v. PHILLIPS

100 A.D.2d 1 (1984)

Electric City Concrete Company, Inc., Plaintiff, v. Robert L. Phillips et al., Respondents, et al., Defendants, and Latham Heating & Air Conditioning et al., Appellants. (Action No. 1.) Latham Heating & Air Conditioning, Appellant, v. Vischers Ferry Development Co., Inc., et al., Respondents, et al., Defendants. (Action No. 2.) Vischers Ferry Development Co., Inc., Respondent, v. Robert L. Phillips, Respondent. (Action No. 3.)

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

March 8, 1984

Attorney(s) appearing for the Case

Tobin & Dempf (David A. Ruffo of counsel), for Latham Heating & Air Conditioning, appellant.

Saul Balmuth for Curtis Lumber Company, Inc., appellant.

Gerald T. Hennessy for Robert L. Phillips, respondent.

MAIN, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

KANE, J. P.

In August, 1978, Vischers Ferry Development Company, Inc. (Vischers Ferry), a general contractor, and Robert L. Phillips entered into a construction contract for an office building on real property owned by Phillips in the Town of Clifton Park, Saratoga County. The construction contract provided that the office building was to be completed by October 31, 1978 and that Phillips was to periodically make...

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