G. BAUER, INC. v. S. G. HOTEL CORP.


99 A.D.2d 1021 (1984)

G. Bauer, Inc., Appellant, v. S. G. Hotel Corp., Doing Business as Hotel St. James, Respondent

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

March 27, 1984


¶ An examination of the record in the instant matter reveals that plaintiff fulfilled all of its obligations under the contract. The oil tank replacement was not performed by plaintiff, and the failure to attach connecting lines thus cannot be attributed to plaintiff. The fact that plaintiff gratuitously agreed to make a temporary connection with a rubber hose to determine whether the boiler was in operating condition should not be used to plaintiff's detriment. The...

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