CROW & SUTTON ASSOCIATES, INC. v. WELLIVER McGUIRE, INC.


32 A.D.3d 651 (2006)

820 N.Y.S.2d 179

CROW & SUTTON ASSOCIATES, INC., et al., Respondents, v. WELLIVER McGUIRE, INC., Appellant.

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

August 10, 2006.


Lahtinen, J.

Defendant was the contractor on a project known as the Cornell University North Campus Residential Initiative. In April 2000, plaintiff Crow & Sutton Associates, Inc. (hereinafter plaintiff) subcontracted with defendant to provide certain landscaping on the project for about $241,000. The contract included a provision that permitted defendant to terminate the agreement "for its convenience" and, in October 2000, defendant used that provision to terminate...

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