Stewart-Scott Construction Corp. v. F. & M. Schaefer Brewing Co.

Appeal from an order of Special Term, entered May 10, 1972 in Albany County, which denied the defendant’s motion to dismiss the complaint. On September 29, 1969 the respondent, Stewart*789Seott Construction Corporation, entered into a contract with the F. & M. Schaefer Brewing Company under the terms of which the respondent company was to construct a building on appellant’s property for the sum of $627,500. The respondent alleges that unforeseeable, unknown and unusual conditions existed below the surface of the construction site and that, as a result thereof, substantial additional work had to…