TOROK v. MOORE'S FLATWORK & FOUNDS., LLC

515459.

106 A.D.3d 1421 (2013)

966 N.Y.S.2d 572

2013 NY Slip Op 3898

ALEX TOROK JR., et al., Respondents, v. MOORE'S FLATWORK & FOUNDATIONS, LLC, Appellant.

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

Decided May 30, 2013.


McCarthy, J.

Plaintiffs received a proposal from defendant for the construction of footings and a foundation for a new home on plaintiffs' property. Plaintiff Alex Torok Jr. signed the proposal and plaintiffs paid a down payment to defendant. After defendant set the footings, poured the foundation and asserted that the work was complete, plaintiffs discovered that defendant had failed to set some of the footings as called for in their plans. To remedy the situation...

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