Micheli Contracting Corp. v. Fairwood Associates

OPINION OF THE COURT

Staley, Jr., J.

This action was commenced to recover the sum of $192,268.27 for work, labor and material provided and furnished for the construction of an apartment project, known as the Fairwood Apartments in the Town of Guilderland, County of Albany, owned by Fairwood Associates, a limited partnership. In addition to Fairwood Associates, the complaint names each individual partner as a defendant.

This appeal involves only defendants Kaye 1972 Associates, Harold V. Gleason, Herbert Pearlman and Abraham Portnoy, each of whom, by a motion to dismiss, claims that he is a…