Custer Builders, Inc. v. Quaker Heritage, Inc.

These are cross appeals from a judgment of the Supreme Court, Schenectady County, entered in favor of the plaintiff upon a decision of the court at a Trial Term, without a jury.

At issue on this appeal is a contract dispute between a general contractor, a subcontractor and the landowner-developer. On October 8, 1968 Frank Corradi (doing business as Custer Construction Company and incorporated three weeks later as Custer Builders, Inc., plaintiff herein) entered into a written contract with Thurman Brown Corporation (the general contractor [hereinafter referred to as Brown]) which provided that…