WILLIAMSON v. TOWN OF PARISH


139 A.D.2d 97 (1988)

E. Williamson Roofing & Sheet Metal Co., Inc., Respondent, v. Town of Parish, Appellant

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

July 7, 1988


Attorney(s) appearing for the Case

Seiter & Genant (Thomas A. Reynolds of counsel), for appellant.

Sumner & Auser (Wallace Van C. Auser, III, of counsel), for respondent.

DILLON, P. J., and DENMAN, J., concur with BALIO, J.; GREEN and PINE, JJ., dissent in part in an opinion by GREEN, J.


BALIO, J.

Plaintiff Williamson commenced this action to recover damages for additional costs incurred in connection with work performed on a public contract to repair a roof on defendant's highway garage. The complaint asserted two causes of action: breach of contract and unjust enrichment. Following joinder of issue, both parties moved for summary judgment. Special Term granted summary judgment on the cause...

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