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BERNER TRUCKING, INC. v. BROWN

281 A.D.2d 924 (2001)

722 N.Y.S.2d 656

BERNER TRUCKING, INC., Appellant, v. SANDRA BROWN, as Executor of GREGORY R. BROWN, Deceased, et al., Respondents, et al., Defendants.

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

Decided March 21, 2001.

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff entered into a contract with defendant Mobile Treatment Technologies, Inc. (Mobile) in early 1988 whereby plaintiff would be paid to haul waste. Plaintiff performed under the contract from May through July 1988 and billed Mobile. Mobile made partial payments, but was unable to make...

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