GRANT STREET CONSTRUCTION, INC. v. CORTLAND PAVING COMPANY, INC.


55 A.D.3d 1106 (2008)

865 N.Y.S.2d 762

GRANT STREET CONSTRUCTION, INC., Respondent, v. CORTLAND PAVING COMPANY, INC., Appellant.

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

October 23, 2008.


Lahtinen, J.

Plaintiff operates a garage that repairs trucks and heavy equipment. Defendant, a paving company, had plaintiff repair its Brockway tractor in October 1999, resulting in a repair bill of $3,093.57. Shortly thereafter, plaintiff evaluated and provided an estimate of repairs needed on defendant's Caterpillar excavator. Plaintiff billed defendant $315 for performing this evaluation. Defendant was not permitted to remove either machine from plaintiff's place...

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