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SHERBA v. MIDSTATE PRECAST SYS., INC.

230 A.D.2d 944 (1996)

646 N.Y.S.2d 219

Pauline Sherba, Appellant, v. Midstate Precast Systems, Inc., et al., Respondents

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

August 15, 1996

Spain, J.

Defendant Midstate Precast Systems, Inc. (hereinafter defendant), through its attorney, ordered an expedited transcript of a trial from plaintiff, an official court reporter. Plaintiff promised to deliver the volumes "as they are completed" at the rate of $3 per page. Defendant initially paid plaintiff a down payment of $8,125, representing half of the estimated total cost. In a letter acknowledging...

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