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LAHR CONSTR. v. KOZEL & SON

168 Misc.2d 759 (1996)

640 N.Y.S.2d 957

LAHR Construction Corp., Doing Business as LeCesse Construction Company, Plaintiff, v. J. Kozel & Son, Inc., Defendant.

Supreme Court, Monroe County.

January 11, 1996

Attorney(s) appearing for the Case

Pheterson & Pheterson, Rochester (Irving Pheterson of counsel), for defendant. Davidson, Fink, Cook & Kelly, Rochester (Thomas A. Fink of counsel), for plaintiff.

KENNETH R. FISHER, J.

This is an action brought by a general contractor (LeCesse) against a subcontractor (Kozel) for damages resulting from the subcontractor's failure to perform work on a project for which it had submitted an oral bid. The general contractor seeks recovery under theories of breach of contract and promissory estoppel. The subcontractor moves for summary judgment. For the following reasons...

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