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CALLANAN INDUS., INC. v. OLYMPIAN DEV., LTD.

225 A.D.2d 941 (1996)

639 N.Y.S.2d 185

Callanan Industries, Inc., Appellant, v. Olympian Development, Ltd., Respondent

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

March 14, 1996

Spain, J.

In June 1984 the parties executed a contract wherein plaintiff agreed to perform paving work and supply materials to defendant* for the sum of $30,000, in connection with defendant's project known as Olympian Acres. The contract provided that, weather permitting, plaintiff would commence work during the first week of August 1984; however, the work was not undertaken by plaintiff until November 1984. Plaintiff alleges...

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