BIALO v. WALTER LAWLOR, INC.


160 A.D.2d 559 (1990)

Walter Bialo et al., Appellants, v. Walter Lawlor, Inc., Respondent

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

April 24, 1990


Plaintiffs contracted with defendant for the construction of an "indoor water wall" in their newly built home. The contract, which was in the form of a price quotation, provided that while defendant would design and construct the water wall, "some design work [would] be done on the site with the approval of the owners". The credited testimony revealed that after the wall was substantially constructed, and specifically, after the base containing the lead catchbasin for the...

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