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M & A CONSTRUCTION CORPORATION v. McTAGUE

21 A.D.3d 610 (2005)

800 N.Y.S.2d 235

M & A CONSTRUCTION CORPORATION, Appellant, v. TIMOTHY J. McTAGUE et al., Respondents.

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

August 4, 2005.

Mugglin, J.

Plaintiff, after examining architectural plans and specifications as modified by defendants, agreed to construct a personal residence for defendants for the sum of $384,264. With respect to counsel fees on breach of the agreement, the contract provided: "THE FAILURE OF EITHER PARTY TO COMPLY WITH THE TERMS OF THIS AGREEMENT WILL OBLIGATE THAT PARTY TO PAY ALL EXPENSES AND COSTS, INCLUDING A REASONABLE ATTORNEY...

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