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THOMPSON v. McCARTHY

289 A.D.2d 663 (2001)

733 N.Y.S.2d 791

DONALD E. THOMPSON et al., Respondents, v. SHANE McCARTHY, Doing Business as McCARTHY ROOFING COMPANY, Appellant.

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

Decided December 6, 2001.

Mercure, J. P.

In August 1992, plaintiff Donald E. Thompson (hereinafter plaintiff) contracted with defendant for the installation of a new asphalt shingle roof on plaintiffs' home for $10,000. Defendant completed the work in October 1992, but plaintiff was dissatisfied with the work and refused to pay the $5,000 balance of the contract price. Defendant thereafter commenced an action in Oneida City Court to recover the...

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