TREMBLAY v. THEISS


152 A.D.2d 793 (1989)

James E. Tremblay et al., Appellants, v. Robert E. Theiss, Respondent

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

July 6, 1989


Mahoney, P. J.

On August 18, 1985, plaintiffs entered into a contract with defendant for the construction of a house in the Town of Greenfield, Saratoga County. Plaintiffs agreed to pay $141,000 in installments as follows: $15,000 as a downpayment, $42,000 upon completion of the roof, $42,000 "when electrical & plumbing roughed in, sheetrock installed", and $42,000 as a final payment. Defendant commenced construction but, in late November 1985, plaintiff...

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