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DAVIS, INC. v. MERRITT-CHAPMAN

27 A.D.2d 114 (1967)

Joseph Davis, Inc., Appellant-Respondent, v. Merritt-Chapman & Scott Corporation, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 12, 1967.

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe & Beilewech and Hale, Hynes & Brady (Leslie A. Hynes of counsel), for appellant-respondent.

Cleary, Gottlieb, Steen & Hamilton (James W. Lamberton of counsel), for respondent-appellant.

WILLIAMS, P. J., HENRY, DEL VECCHIO and MARSH, JJ., concur.

GOLDMAN, J.

This litigation arises out of a contract between defendant Merritt-Chapman & Scott Corporation (hereinafter called Merritt) and the Power Authority of the State of New York (hereinafter called the Authority) for the construction of a power plant at Lewiston, New York, and a subcontract between the plaintiff, Joseph Davis, Inc. (hereinafter called Davis) and the defendant Merritt, whereby Davis...

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