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POLITTE v. SHERMAN

168 A.D.2d 761 (1990)

Paul Politte et al., Respondents, v. Charles J. Sherman, Doing Business as Sherman Tile Company, Defendant and Third-Party Plaintiff-Appellant. John E. McCormack, Doing Business as McCormack Industries, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

December 13, 1990

Weiss, J.

Plaintiffs contracted with third-party defendant John E. McCormack to construct their new home. The contract provided for monetary allowances for various items including flooring. As plaintiffs desired tile flooring in several rooms and McCormack professed to be unfamiliar with same, plaintiffs entered into a separate contract with defendant for the installation of tile flooring. Shortly after completion, the tile flooring developed cracks which...

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