HOPKINSON, III v. REDWING CONSTRUCTION COMPANY


301 A.D.2d 837 (2003)

754 N.Y.S.2d 86

JOHN HOPKINSON, III, et al., Respondents, v. REDWING CONSTRUCTION COMPANY, Appellant.

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

Decided January 16, 2003.


Lahtinen, J.

On May 7, 1997, the parties entered into a written contract for the construction of a single family residence on property owned by plaintiffs. The contract provided for a completion date "on or about" October 30, 1997. On November 21, 1997, a certificate of occupancy was issued and thereafter plaintiffs occupied the residence although certain work on the structure was incomplete. Plaintiffs created punch lists referencing the unfinished work and defendant...

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