In 1988, defendant contracted with plaintiff New York State Properties, Inc. (hereinafter NYSP) to install septic systems, driveways and foundations on various parcels of real property. On or about October 21, 1988, plaintiff Christopher Finkbeiner (hereinafter plaintiff), who is the sole shareholder and president of NYSP, drafted a company check for $5,000 payable to defendant and delivered it...
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