Legal Opinion

Tremblay v. Theiss

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1989PublishedCited by 3 opinions

1Opinion of the CourtMahoney, P. J.

Appeal from an order of the Supreme Court (Ford, J.), entered June 29, 1988 in Sara-toga County, which granted defendant’s motion for summary judgment dismissing the complaint.

On August 18, 1985, plaintiffs entered into a contract with defendant for the construction of a house in the Town of Greenfield, Saratoga County. Plaintiffs agreed to pay $141,000 in installments as follows: $15,000 as a downpayment, $42,000 upon completion of the roof, $42,000 "when electrical & plumbing roughed in, sheetrock installed”, and $42,000 as a final payment. Defendant commenced construction but, in late…

2Cases cited5 opinions

  1. Mangini v. McClurgNew York Court of Appeals · 1969
  2. Gross v. SweetNew York Court of Appeals · 1979
  3. Cahill v. ReganNew York Court of Appeals · 1959
  4. Wells v. Shearson Lehman/American Express, Inc.New York Court of Appeals · 1988
  5. Caceci v. Di Canio Construction Corp.New York Court of Appeals · 1988

3Cited by3 opinions

  1. Thailer v. LaRoccaAppellate Division of the Supreme Court of the State of New York · 1991
  2. Western Alliance Insurance v. Wells Fargo Alarm Services, Inc.District Court, D. Connecticut · 1997
  3. Prysmian Cables and Systems USA LLC v. ADT Commercial LLCDistrict Court, D. Connecticut · 2023

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