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RICHARD J. ZITZ, INC. v. DOS SANTOS PEREIRA

Docket No. 99-9399.

232 F.3d 290 (2000)

RICHARD J. ZITZ, INC., Plaintiff-Appellant, v. Leonel Bernadino DOS SANTOS PEREIRA, Defendant-Cross-Claimant-Cross-Defendant-Appellee, Peter T. Podlas, Defendant-Cross-Defendant-Cross-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2000.

Attorney(s) appearing for the Case

Daniel P. Burke (Thomas M. Galgano, on the brief), Galgano & Burke, Hauppauge, NY, for Plaintiff-Appellant.

John L. Ciarelli, Ciarelli & Dempsey, Melville, NY, for Defendant-Appellee Pereira.

Anthony P. Colavita, (Paula M. Gart on the brief), L'Abbate, Balkan, Colavita & Contini LLP, Garden City, NY, for Defendant-Appellee Podlas.

Before: CALABRESI, CABRANES, and POOLER, Circuit Judges.

CALABRESI, Circuit Judge.

Plaintiff-appellant Richard J. Zitz, Inc. is a builder of homes. Richard Zitz is the sole employee of Richard J. Zitz, Inc., and has extensive experience in framing single-family residences.1 In 1989, Zitz planned to build a house on a piece of property, which he owned, on Little Noyack Path in Watermill, New York. He drew a floor plan for the house and made plans for the windows, roof, and ceilings. Zitz obtained...

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