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JIMCO RESTORATION CORP. v. MILLER

228 A.D.2d 649 (1996)

645 N.Y.S.2d 54

JIMCO Restoration Corp., Respondent, v. Morris Miller et al., Appellants

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

June 24, 1996

Ordered that the order is reversed, in the exercise of discretion, with costs, and the motion to restore this action to the trial calendar is denied.

During the period 1985-1986 the plaintiff performed work in certain construction trades for the defendants. Thereafter, a dispute arose as to the amount the plaintiff was owed for the work it had performed, and over the quality of such work. Eventually, in 1988 the plaintiff...

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