MUSSEN v. FRANKLIN SQUARE ASSOCS.


22 A.D.3d 1022 (2005)

803 N.Y.S.2d 252

DANIEL R. MUSSEN, Doing Business as AIDIRONDACK MASONRY, Respondent, v. FRANKLIN SQUARE ASSOCIATES, V., LLC, et al., Appellants.

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

October 27, 2005.


Mugglin, J. Appeal from an order of the Supreme Court (Sise, J.), entered September 15, 2004 in Fulton County, which denied defendants' motion for summary judgment dismissing the complaint.

Defendant Franklin Square Associates, V, LLC (hereinafter Franklin Square) contracted with plaintiff to perform masonry work on the Franklin Square Condominium project in the City of Saratoga Springs, Saratoga County. Plaintiff completed...

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