Ordered that the judgment is affirmed, with costs.
The plaintiffs, George Garrison and Elizabeth Garrison, are the owners of certain real property in Newburgh. In February 2001 the plaintiffs retained the defendant, All Phase Structure Corp., to build a house on their property.
It is undisputed that, on or about October 11, 2001, Elizabeth Garrison received $23,601 from her lender, upon certifying, inter alia, that the funds would be used to "pay all bills...
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