CORTLAND ASBESTOS v. J. & K. PLUMBING


33 A.D.2d 11 (1969)

Cortland Asbestos Products, Inc., Respondent, v. J. & K. Plumbing & Heating Co., Inc., Appellant

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

October 28, 1969.


Attorney(s) appearing for the Case

Bernstein, Gitlitz & Sukloff (Carl R. Gitlitz of counsel), for appellant.

Lachman & Collison (Edwin Lachman of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and COOKE, JJ., concur.


REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Broome County, which denied a motion pursuant to CPLR 3211 (subd. [a], par. 7) to dismiss the complaint for failure to state a cause of action.

Respondent, a subcontractor, brought this action against appellant, a prime contractor, for breach of contract. The complaint alleges that the appellant advised the respondent that it intended to submit a bid to perform certain heating...

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