MAUSSNER v. McCORMICK

No. CIV-85-144C.

653 F.Supp. 131 (1986)

Richard A. MAUSSNER and Marie Maussner, Plaintiffs, v. Joseph J. McCORMICK, Individually and d/b/a J.J. McCormick, General Contractor (The Water Wizard) Defendant.

United States District Court, W.D. New York.

July 16, 1986.


Attorney(s) appearing for the Case

Hurwitz & Fine (James D. Gauthier, of counsel), Buffalo, N.Y., for plaintiffs.

Joseph A. Sakowski, Elma, N.Y., for defendant.


CURTIN, Chief Judge.

This action arises out of a contract between the parties to construct a single family home for plaintiffs. By that contract, plaintiffs made defendant the general contractor and gave him the right to hire subcontractors to perform parts of the work.

Plaintiffs allege that defendant violated the terms of the contract by, among other things, requiring certain subcontractors to increase their bills with "kickback" commissions for defendant...

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