PRECISION WINDOW SYS., INC. v. EMB CONTRACTING CORP.

2015-03572, Index No. 24629/12.

149 A.D.3d 883 (2017)

2017 NY Slip Op 02836

53 N.Y.S.3d 80

PRECISION WINDOW SYSTEMS, INC., Appellant, v. EMB CONTRACTING CORP., Respondent.

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

Decided April 12, 2017.


Ordered that the order is affirmed, with costs.

The defendant, EMB Contracting Corp. (hereinafter EMB), entered into a contract with the New York City School Construction Authority (hereinafter the SCA) to do construction work at the George Wingate High School located in Kings County (hereinafter the Project). On May 12, 2005, EMB entered into a $1.3 million subcontract with the plaintiff, Precision Window Systems, Inc. (hereinafter Precision), which provided, in...

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