Babcock v. Whipple Bros.

Appeal from an order of the Supreme Court (Mugglin, J.), entered September 30, 1992 in Delaware County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

The parties entered into a written contract in October 1989, under the terms of which plaintiff agreed to construct a retail store for defendant. The contract terms called for completion of the building in three phases: excavation, for a total sum of $40,280; carpentry, masonry and plumbing on a time and materials basis at $15 per hour per worker, to be paid weekly; and drywall at 60 cents per square…