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G & S CUSTOM HOMES, INC. v. HOLTZ

179 A.D.2d 1025 (1992)

G & S Custom Homes, Inc., Respondent, v. John Holtz et al., Appellants and Third-Party Plaintiffs-Appellants. Michael Shumway et al., Third-Party Defendants-Respondents

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

January 31, 1992

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. The complaint alleges a cause of action for work performed and material supplied by plaintiff in remodelling defendants' home. On their motion for summary judgment, defendants submitted proof showing that plaintiff entered into a written contract for the remodelling...

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