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A & J BUYERS v. JOHNSON, DRAKE & PIPER

25 N.Y.2d 265 (1969)

A & J Buyers, Inc., Respondent, v. Johnson, Drake & Piper, Inc. et al., Appellants; C. F. H. Contracting Co., Inc., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 1, 1969.

Attorney(s) appearing for the Case

William J. Pastore and David E. Montgomery for appellants.

Richard F. Griffin, Eugene C. Tenney and Courtland R. La Vallee for respondents.

Chief Judge FULD and Judges BREITEL and JASEN concur with Judge SCILEPPI; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judge BURKE concurs.

SCILEPPI, J.

On June 7, 1962 appellant Johnson, Drake & Piper, Inc. (hereinafter JDP) entered into a prime contract with the State of New York for the construction of a portion of the Niagara Parkway in Niagara Falls, New York. Under purchase orders issued by JDP, defendant Franjoine Trucking, Inc. (hereinafter Franjoine) agreed to supply gravel and stone to JDP at the jobsite for purposes of constructing...

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