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McINTOSH READY MIX CONCRETE CORP. v. R. D. BATTAGLINI CORP.

36 A.D.2d 561 (1971)

McIntosh Ready Mix Concrete Corporation et al., Respondents, v. R. D. Battaglini Corporation et al., Appellants-Respondents, and County of Broome, Appellant

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

January 20, 1971

It appears that the cause of action of respondent Thomas Torto Construction Company was assigned to McIntosh prior to judgment. Early in 1966 Battaglini contracted to construct a flood control project on Patterson Creek for the County of Broome, the same being financed by Federal funds. Concrete to be supplied was required to undergo tests for its compressive strength and, under the specifications, no single test could fall below...

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