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COWPER CO. v. BUFFALO HOTEL

99 A.D.2d 19 (1984)

John W. Cowper Company, Incorporated, on Behalf of Itself and All Others Similarly Situated, Respondent, v. Buffalo Hotel Development Venture et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

January 27, 1984

Attorney(s) appearing for the Case

Renaldo, Myers & Regan, P. C. (James I. Myers of counsel; Elyse R. Lubin on the brief), and Alioto & Alioto (Joseph Alioto of counsel), for appellants.

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C. (Lawrence Schulz, Frank T. Gaglione and Mark C. Donadio of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, BOOMER and MOULE, JJ., concur.

DENMAN, J.

This action arises from a contract for construction of a 500-room hotel and parking garage in downtown Buffalo. In its first five causes of action plaintiff, the general contractor, seeks money damages for separate breaches of the construction contract. The sixth cause of action seeks recovery under a quantum meruit theory for the reasonable value of labor, materials, and services. The seventh...

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