ATLANTIC CONCRETE FOUNDATION, INC. v. BIRCHWOOD VILLAGE LIMITED PARTNERSHIP


52 A.D.3d 1086 (2008)

861 N.Y.S.2d 802

ATLANTIC CONCRETE FOUNDATION, INC., Respondent, v. BIRCHWOOD VILLAGE LIMITED PARTNERSHIP et al., Appellants.

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

Decided June 19, 2008.


Carpinello, J.

In this action, plaintiff claims that it is owed in excess of $177,000 for labor and materials provided to defendants in the course of a large-scale construction project. In particular, plaintiff provided concrete for foundations, footings, walls and slabs for over 12 buildings. It is undisputed that plaintiff made concrete deliveries to the construction site between December 2004 and April 2005 even though a formal written agreement was never tendered...

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