Troy Sand & Gravel Co. v. Clark-Windsor Business Park

Mikoll, J. P.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered February 24, 1998 in Rensselaer County, which denied plaintiffs motion for partial summary judgment on the issue of liability.

On October 17, 1989, the parties executed a “sand and grading agreement” pursuant to which plaintiff was to clear and grade property known as 10-16 Jupiter Lane in the Village of Colonie, Albany County, which defendant was in the process of purchasing from the Grand Union Company. In return for its services, plaintiff was entitled to remove all excess gravel, fill and sand from the…