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ALLIS-CHALMERS v. MALAN CONSTR. CORP.

30 N.Y.2d 225 (1972)

Allis-Chalmers Manufacturing Company, Respondent, v. Malan Construction Corp. et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 24, 1972.

Attorney(s) appearing for the Case

Samuel Gottlieb, Harry Giesow, Alan C. Krieger and Albert Foreman for Malan Construction Corp. and another, appellants.

Albert Foreman for The Aetna Casualty and Surety Company, appellant.

Victor D. Werner for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON concur.

JASEN, J.

In February, 1963, defendant-appellant, Malan-Buckley, a contractor, entered into a contract with the City of New York for the construction of a water pollution control project in Brooklyn. Subsequently, plaintiff, Allis-Chalmers Manufacturing Company, agreed to supply Malan-Buckley at the site with certain equipment and materials, consisting of air blowers, main sewage pumps, pumping units, accessories...

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