HORN WATERPROOFING CORP. v. BUSHWICK IRON & STEEL CO., INC.


105 A.D.2d 684 (1984)

Horn Waterproofing Corp., Respondent, v. Bushwick Iron & Steel Co., Inc., Appellant

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

November 5, 1984


Order dated March 17, 1983 reversed, on the law, with costs, order dated April 8, 1982 vacated, motion granted, and complaint dismissed.

In or about March, 1981, the parties entered into an oral agreement whereby plaintiff was to perform certain repair work to correct leaks in the roof of defendant's building. According to plaintiff, it was agreed that the work was to be performed on a time and material basis, with the further understanding that a patching job might...

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