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SCHWARTZ v. PIERCE

57 A.D.3d 1348 (2008)

870 N.Y.S.2d 161

MARTIN A. SCHWARTZ, Appellant-Respondent, v. MATTHEW J. PIERCE, Doing Business as PIERCE EXCAVATING & SERVICES, Defendant and Third-Party Plaintiff-Respondent-Appellant. ROUTE 28 SELF-STORAGE, INC., Third-Party Defendant-Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

December 31, 2008.

Spain, J.

The genesis of this dispute is an April 2005 contract between plaintiff and defendant pursuant to which defendant agreed to perform excavation and concrete work in connection with plaintiff's construction of self-storage units located on Route 28 in the Town of Meredith, Delaware County. The total contract price was $44,000, of which plaintiff paid half in advance. After a dispute arose between the parties when defendant claimed that plaintiff owed him an...

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