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KELLY v. BENSEN

522676.

151 A.D.3d 1312 (2017)

58 N.Y.S.3d 169

2017 NY Slip Op 04926

HAROLD F. KELLY et al., Appellants, v. CHRISTOPHER BENSEN, Individually and Doing Business as BENSEN LAND SERVICE, Respondent.

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

Decided June 15, 2017.

Plaintiff Harold F. Kelly (hereinafter plaintiff) is the chief executive officer of plaintiff Kelstar Industries, LLC. Plaintiff's spouse, Nancy Kelly (hereinafter Kelly), is the president of Kelstar. Plaintiff and Kelly entered into an oral agreement with defendant to install a leach field and a concrete patio at their residence in...

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