DI NUZZO v. GARDNER


158 A.D.2d 767 (1990)

Paul Di Nuzzo et al., Appellants, v. Ronald Gardner, Doing Business as Gardner Construction, et al., Respondents

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

February 1, 1990


Harvey, J.

This consolidated action for breach of contract and negligence arises out of the construction of plaintiffs' residential dwelling in the Town of Colonie, Albany County, in the late summer and early fall of 1982. The facts are relatively undisputed. Plaintiff Paul Di Nuzzo, apparently acting in the capacity of his own general contractor, orally contracted with defendant Ronald Gardner to excavate space for the building's foundation, and with...

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