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I. BURACK, INC. v. RAYMAR CONTR. CORP.

32 Misc.2d 75 (1961)

I. Burack, Inc., on Behalf of Itself and on Behalf of All Other Persons Entitled to Share in the Funds Received by Raymar Contracting Corp., as Subcontractor, from Gelco Builders-Burjay Construction Corp., Plaintiff, v. Raymar Contracting Corp. et al., Defendants.

Supreme Court, Special Term, New York County.

December 14, 1961

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman (Albert Foreman of counsel), for Simpson Factors Corp., defendant. Benjamin D. Share, Mortimer Hays, Mortimer Feuer and Norman Kapp for plaintiff.

JACOB MARKOWITZ, J.

Defendant, Simpson Factors Corporation, moves for dismissal of the complaint for legal insufficiency. The defendant, Raymar Contracting Corp., contracted to furnish labor and material to the general contractor in connection with the improvement of real property located in this city and owned by the United States Government. Plaintiff contracted to and did furnish labor and material to the...

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