Jack A. Corcoran Marble Co. v. Clark Construction Corp.

*50OPINION OF THE COURT

Order entered October 4, 1991 reversed, with $10 costs, motion denied and complaint reinstated.

The facts are few and simple. Defendant Clark Construction Corp. was hired by one Heller — who is not a party to the litigation — to do substantial renovation work at Heller’s residential apartment in premises located at 770 Park Avenue, Manhattan. Defendant in turn contracted with plaintiff Jack A. Corcoran Marble Co., Inc. to fabricate and install marble floors and walls in the apartment for an agreed price exceeding $39,000. Defendant paid $20,000 to plaintiff on account as…