TELEMARK CONSTR., INC. v. GREENBERG


205 A.D.2d 438 (1994)

613 N.Y.S.2d 900

Telemark Construction, Inc., Respondent-Appellant, v. A. Frederick Greenberg et al., Defendants, and Hamptons I Limited Partnership et al., Appellants-Respondents

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

June 28, 1994


Plaintiff, a contractor, sues to recover monies allegedly due under a construction contract calling for the construction of 48 luxury homes in Southampton and East Hampton. Construction commenced in July of 1988. Initially, plaintiff's invoices were paid in full. Notwithstanding the failure of defendants, the owners, in or about March 1989 to make timely payments, as required under the contract, plaintiff continued to perform after being advised that payment was forthcoming...

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