SEEBOLD v. HALMAR CONSTR. CORP.


146 A.D.2d 886 (1989)

Sharon A. Seebold, Doing Business as Schoharie Valley Landscaping, Respondent, v. Halmar Construction Corporation et al., Appellants, et al., Defendant

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

January 12, 1989


Mahoney, P. J.

Plaintiff was awarded a subcontract to rake topsoil and perform other work under defendant Halmar Construction Corporation's contract with the State to reconstruct a portion of the Taconic State Parkway. The subcontract provided that plaintiff would rake 4,620 square yards of topsoil at $1.25 per square yard for a total of $5,775. While work was progressing on the project, Halmar began paying plaintiff for raking topsoil at the rate...

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