Tremblay v. Theiss
Appellate Division of the Supreme Court of the State of New York
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
- Mangini v. McClurgNew York Court of Appeals · 1969
- Gross v. SweetNew York Court of Appeals · 1979
- Cahill v. ReganNew York Court of Appeals · 1959
- Wells v. Shearson Lehman/American Express, Inc.New York Court of Appeals · 1988
- Caceci v. Di Canio Construction Corp.New York Court of Appeals · 1988
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