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YOUNG FOUNDA. CORP. v. OTTAVIANO INC.

29 Misc.2d 302 (1961)

Young Foundation Corporation, Plaintiff, v. A. E. Ottaviano, Inc., et al., Defendants.

Supreme Court, Westchester County.

March 29, 1961

Attorney(s) appearing for the Case

Spencer & Tunstead for plaintiff. John B. Gilleran for A. E. Ottaviano, Inc., defendant. Louis J. Lefkowitz, Attorney-General, for State of New York, defendant.

JAMES D. HOPKINS, J.

The defendant, A. E. Ottaviano, Inc. (hereinafter called "Ottaviano"), was the prime contractor under a written agreement with the State of New York for the construction of a section of the Palisades Interstate Parkway. Ottaviano entered into a written agreement with the plaintiff; that agreement provided that the plaintiff was to furnish and install certain H-beam steel piles and other equipment at a prescribed unit price, as a part...

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