NEW DAY BUILDERS, INC. v. SJC REALTY


219 A.D.2d 623 (1995)

631 N.Y.S.2d 707

New Day Builders, Inc., Appellant, v. SJC Realty et al., Respondents

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

September 18, 1995


Ordered that the judgment is affirmed, with costs.

On July 3, 1986, the defendants, the owners of a lot located in Copiague, and the plaintiff builder entered into a contract for the construction of an industrial building on the lot. The contract price was $451,200. The builder complained of slow payment and nonpayment, and on September 14, 1987, the builder stopped work. The defendants had paid $287,021 of the contract price. The builder filed a notice of pendency...

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