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PRECISION MIRROR & GLASS v. DICOSTANZO

17 Misc.3d 30 (2007)

844 N.Y.S.2d 568

PRECISION MIRROR & GLASS, Appellant, v. BEN DICOSTANZO, Respondent.

Supreme Court, Appellate Term, Second Department.

September 13, 2007.

Attorney(s) appearing for the Case

Meyers, Saxon & Cole, Brooklyn (Irwin Meyers and Gerald Slotnik of counsel), for appellant.

Joseph D. Manno, Staten Island, for respondent.

WESTON PATTERSON, J.P., and BELEN, J., concur; GOLIA, J., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and defendant's motion for summary judgment denied.

In this breach of contract action, plaintiff seeks to recover the contract price for the fabrication and installation of custom glass shower doors over an existing bathtub in defendant's home. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff could...

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