PAOLANGELI v. THALER


187 A.D.2d 881 (1992)

Francis J. Paolangeli, Doing Business as Paolangeli Contractors, Respondent, v. Richard B. Thaler, Appellant

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

November 25, 1992


Mercure, J.

Plaintiff was the excavation contractor for a project at Cayuga Mall in the Village of Lansing, Tompkins County. Defendant owned a 67-acre proposed residential subdivision in the Town of Lansing, located approximately three miles from the mall. It is uncontroverted that plaintiff required a dump site for soil excavated from a retention pond at the mall and that defendant was willing, if not anxious, to have the soil deposited on his property...

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