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SHANUS v. FULASH CORP.

38 Misc.2d 374 (1963)

Harry Shanus et al., Doing Business as Shanus Iron Works, Appellants-Respondents, v. Fulash Corp. et al., Respondents-Appellants et al., Defendants.

Supreme Court, Appellate Term, Second Department.

March 5, 1963

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman (Edwin Efros of counsel), for appellants-respondents. Milton M. Eisenberg and George Pollack for respondents-appellants.

HART, J., concurs in opinion by BROWN, J.; DI GIOVANNA, J., dissents in opinion.

JAMES S. BROWN, JR., J.

This action is based upon certain steel work performed pursuant to three written contracts and two oral contracts.

The plaintiff is a steel subcontractor and the defendants are the general contractor and owner.

The defense is based: (a) On the plaintiff's failure to obtain a certificate of compliance from the Building Department of the City of New York; (b) on the failure...

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