ALLEN v. KOWALEWSKI


239 A.D.2d 879 (1997)

659 N.Y.S.2d 670

James F. Allen et al., Appellants, v. Robert Kowalewski, Respondent

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

May 30, 1997


Judgment unanimously affirmed with costs.

Memorandum:

Plaintiffs appeal from a judgment entered after a bench trial that dismissed the complaint and granted judgment on defendant's counterclaim for services performed in renovating plaintiffs' building. We affirm.

The contention of plaintiffs that defendant breached the contract by failing to perform in a timely manner is without merit. Although the building was not completed and ready for occupancy...

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