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DE LILLO CONSTR. CO. v. LIZZA & SONS

7 N.Y.2d 102 (1959)

De Lillo Construction Co., Inc., Respondent, v. Lizza & Sons, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Max Gerber for appellant.

Emil V. Pilz for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE concur.

FROESSEL, J.

In this action against the defendant contractor, the plaintiff subcontractor seeks: (1) to foreclose two mechanics' liens for work allegedly performed under the subcontract; (2) to recover on the labor and material bond given by defendant contractor and its surety; (3) to recover for work and extra work allegedly performed under its subcontract and for loss of profits thereunder; (4) to recover additional...

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