Ordered that the order is affirmed, with costs.
The plaintiff, a developer, contracted with the defendant for the paving of a road. The contract provided that the defendant was to use approximately 36,000 square feet of "Blacktop Cold Mix 3½ [inches]". The contract further provided that the work was to be acceptable to the Town Inspector or the Superintendent of Highways of the Town of Woodbury (hereinafter the Town). The defendant installed the blacktop, which...
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