CONCORDIA GENERAL CONTRACTING v. PELTZ


11 A.D.3d 502 (2004)

782 N.Y.S.2d 848

CONCORDIA GENERAL CONTRACTING, Respondent, v. NELSON PELTZ, Appellant.

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

October 12, 2004.


Ordered that the judgment is affirmed, with costs.

In 1999 the defendant owner retained Moon Construction (hereinafter Moon) as general contractor to perform work on his home. Moon, in turn, retained the plaintiff as subcontractor. Moon subsequently ran into financial difficulty and was asked to leave the job before completion of the work. The plaintiff, which had not been paid by Moon for past work performed, reached an oral agreement with the defendant pursuant...

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