La Placa v. Bernardo

—Peters, J.

Appeal from a judgment *759of the Supreme Court (Dwyer, J.H.O.), entered September 19, 1994 in Rensselaer County, upon a decision of the court in favor of plaintiff.

Plaintiff, an excavation and landscaping contractor, agreed to construct a retaining wall at defendant’s lakeside property. Plaintiff and defendant entered into a written contract providing that plaintiff would construct a retaining wall, dig trenches, remove debris, mow the lawn, spread stone over a driveway and parking area and provide all of the necessary materials for the sum of $6,000. Defendant paid this amount after…