Appellate Division of the Supreme Court of the State of New York July 25, 2002 (Route 7 Mobil, Inc. v. Machnick Builders, Ltd.)

Mugglin, J.

Appeal from a judgment of the Supreme Court (Dawson, J.), entered May 7, 2001 in Rensselaer County, upon a decision of the court in favor of plaintiff.

In 1988, plaintiff contracted with defendant to build a Mobil Mini-Mart consisting of a convenience store and three gas pump islands served by four underground fuel tanks for the sum of $387,000.