PRONTI v. BELLETTI


49 A.D.3d 1075 (2008)

853 N.Y.S.2d 692

MICHAEL J. PRONTI, Doing Business as BEST CONSTRUCTION COMPANY, Appellant, v. FREDERICK M. BELLETTI et al., Respondents, et al., Defendant.

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

Decided March 20, 2008.


Carpinello, J.

This action stems from a contract between plaintiff and defendants Frederick M. Belletti and Roberta A. Belletti (hereinafter collectively referred to as defendants) in which plaintiff agreed "to arrange," purportedly through an independent contractor, for the replacement of the roof on their residence. Plaintiff now sues for the balance due on the contract and the foreclosure of a mechanic's lien he filed. In response, defendants allege that the interior...

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