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LITTLEFIELD v. APEX ROOFING & CONSTR. CO.

226 A.D.2d 906 (1996)

640 N.Y.S.2d 364

Derwood L. Littlefield et al., Respondents, v. Apex Roofing & Construction Company et al., Appellants

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

April 11, 1996

Casey, J.

Plaintiffs and defendants entered into a contract whereby defendants agreed to install roofing on plaintiffs' premises, known as the Joy Department Store Complex (hereinafter the Complex), located in the Town of Clifton Park, Saratoga County. The contract provided that plaintiffs would make an initial payment of $34,000 at the time the contract was signed "to cover the cost of materials". Plaintiffs remitted $34,000 to defendants and defendants...

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