Clearwater Excavating Corp. v. JZG Resources, Inc.

—Mercure, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Charde, Jr., J.H.O.), entered April 30, 1993 in Putnam County, upon a decision of the court in favor of plaintiff.

Defendant engaged plaintiff to perform excavating services in connection with defendant’s development of a residential subdivision in Putnam County. Among the items of work to be performed by plaintiff were the installation of footing drains, curtain drains, septic systems and foundations, backfilling and the furnishing of crushed stone, pipe,…