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MATZEN CONSTRUCTION, INC. v. SCHULTZ

257 A.D.2d 724 (1999)

682 N.Y.S.2d 483

MATZEN CONSTRUCTION, INC., Respondent, v. HAROLD R. SCHULTZ et al., Appellants, et al., Defendants.

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

Decided January 7, 1999.

Peters, J.

Plaintiff contracted with defendant Harold R. Schultz (hereinafter Schultz) to construct a warehouse and office building in the Town of Ballston, Saratoga County, for the sum of $576,835. The provisions of the contract were negotiated, including terms dictating when final payment would be due. As one such provision provided that final payment was to be made "within 30 days of completion of the Contract, including punch list items, or upon issuance of certificate...

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