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WAGNER v. MODULARS BY DESIGN, INC.

163 A.D.2d 676 (1990)

Michael Wagner et al., Plaintiffs, v. Modulars by Design, Inc., et al., Respondents. (Action No. 1.) Richard G. Barger, Appellant, v. Michael Wagner et al., Respondents. (Action No. 2.)

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

July 5, 1990

Harvey, J.

In March 1987, plaintiffs in action No. 1, Michael Wagner and Meryl Wagner, hired defendant Modulars By Design, Inc. (hereinafter Modulars) to construct a home for them on a lot they purchased from Jamie Cliff Estates, Inc. in the Town of East Fishkill, Dutchess County. As part of the contract, Modulars was also to install a septic system on the property and it hired a subcontractor to perform that task. Thereafter, the septic system installed...

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