Hr Kaminsky & Sons, Inc. v. Smithwick Construction Company, Inc.

Banke, Judge.

This is an appeal from a summary judgment in favor of the defendant-appellee in a breach of contract action brought by the plaintiff-appellant.

The appellee contracted to build a garment manufacturing plant for the appellant and to install therein a fire sprinkler system. The appellant occupied the building on June 5,1974, and made final payment to the appellee for its work on June 14,1974. Several months later, the appellant notified the appellee for the first time that it had certain objections to the sprinkler system. On June 25, 1975, more than a year after it assumed…