BILOTTO v. WEBBER


172 A.D.2d 639 (1991)

Gerald Bilotto et al., Respondents, v. Michael Webber, Appellant

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

April 15, 1991


Ordered that the judgment is affirmed, with costs.

In June 1986 the defendant, a general contractor, entered into a contract with the plaintiffs to construct a single-family house on their property. The contract provided that there would be substantial completion of the construction by December 21, 1986, and that time was of the essence. The house was not completed by that date, and by letter dated March 17, 1987, the plaintiffs terminated the contract.

The...

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