BANK OF NOVA SCOTIA v. STRUCTURE-TONE, INC.


303 A.D.2d 273 (2003)

758 N.Y.S.2d 10

BANK OF NOVA SCOTIA et al., Appellants-Respondents, v. STRUCTURE-TONE, INC., et al., Respondents-Appellants. (And a Third-Party Action.) STRUCTURE-TONE, INC., Second Third-Party Plaintiff-Appellant, v. GREENE MECHANICAL CORP., Second Third-Party Defendant, and H.R.H. CONSTRUCTION CORP., et al., Second Third-Party Defendants-Respondents.

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

Decided March 20, 2003.


Defendants' contention that plaintiffs do not identify a provision of the contract that was breached ignores the notes to a bid drawing incorporated in the contract calling for modification of the existing flushometer valve and cold water supply to the new water closet height, testing and assuring code compliance. In addition, an issue of fact exists as to whether, as defendants claim, this modification was performed without opening the wall to a size that would have exposed...

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