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A. & J. BUYERS v. PEOPLE

54 Misc.2d 995 (1967)

A. & J. Buyers, Inc., Plaintiff, v. The People of the State of New York et al., Defendants.

Supreme Court, Niagara County.

October 25, 1967

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy & Fernbach (Richard Griffin and John Cooney of counsel), for plaintiff. Norton, Sacks, Molineaux & Pastore (William Pastore, Jr., David E. Montgomery & Miles, Cochrane, Grosse, Rossetti & Lord (Lowell Grosse of counsel), for Johnson, Drake & Piper, Inc., and another, defendants. Anthony Rizzo and Samuel Civiletto for Franjoine Trucking, defendant. McDonough, Boasberg, McDonough & Beltz (George P. Doyle, of counsel), for C. F. H. Contracting Company, defendant. Eugene C. Tenney for James A. Bonfiglio, doing business as Bonnie's Dump Truck Service, and others, defendants. Boniello, Gellman, McNulty, Halperin, Anton & Kellick (Ronald Anton of counsel), for Spina, Inc., defendant. Condon, Klocke, Ange & O'Donnell (Joseph Gervase of counsel), for Fago Bros. Construction, defendant.

MICHAEL CATALANO, J.

Plaintiff demands judgment for $27,918.56, as rental for dump trucks and high lift with drivers and operators furnished to defendant, Franjoine Trucking, Inc., (Franjoine) an alleged subcontractor of defendant Johnson, Drake & Piper, Inc., (Johnson) general contractor of the State of New York for the partial construction of the Niagara Parkway between the Grand Island Bridge and Lewiston-Queenston Bridge.

Plaintiff's second...

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