SEGUIN v. MASSENA ALUMINUM RECOVERY CO., INC.


229 A.D.2d 839 (1996)

645 N.Y.S.2d 630

David Seguin, Respondent, v. Massena Aluminum Recovery Company, Inc., Also Known as MARCO, Defendant and Third-Party Plaintiff-Appellant. Dave's Construction, Third-Party Defendant-Respondent

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

July 25, 1996


Peters, J.

Plaintiff, owner and sole proprietor of Dave's Construction (hereinafter Dave's), third-party defendant herein, entered into an agreement with defendant to perform certain roof repair work at defendant's masonry and steel building (hereinafter the building) in the Village of Massena, St. Lawrence County. Although Dave's originally submitted a proposal to perform the work in July 1991, due to insufficient funds the agreement to perform the repairs...

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