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FULLER CO. v. FISCHBACH & MOORE

7 A.D.2d 33 (1958)

George A. Fuller Company, Plaintiff, v. Fischbach & Moore, Inc., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1958.

Attorney(s) appearing for the Case

Patrick J. Hughes of counsel (James B. Donovan and Deroy C. Thomas with him on the brief; William S. O'Connor, attorney), for plaintiff.

William F. McNulty of counsel (John J. Kennelly with him on the brief; Thomas P. Curtin, attorney), for defendant.

BREITEL, J. P., M. M. FRANK, VALENTE and McNALLY, JJ., concur.

STEVENS, J.

This is a submission of a controversy upon a statement of agreed facts pursuant to sections 546 to 548, inclusive, of the Civil Practice Act.

The plaintiff herein as general contractor, and Columbia Pictures as owner, entered into an agreement whereby plaintiff undertook to perform certain work at premises 711 Fifth Avenue, New York City. Thereafter plaintiff entered into contracts with various...

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