NOWAK v. KIEFER


256 A.D.2d 1129 (1998)

685 N.Y.S.2d 151

ALLEN NOWAK et al., Appellants-Respondents, v. ELMAR KIEFER et al., Respondents, and TOWER ENTERPRISES OF W.N. Y., INC., et al., Respondents-Appellants, et al., Defendants.

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

Decided December 31, 1998.


Judgment and order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant Elmar Kiefer contracted with defendant Tower Enterprises of W.N. Y., Inc. (Tower) for the construction of a single-family residence. Pursuant to the construction contract, defendant Wilhelm Kiefer, Elmar's father, was to open and close the construction site and to make sure the contract specifications were followed. Tower hired Allen...

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