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CALLANAN INDUS., INC. v. FRETTO

42 A.D.2d 664 (1973)

Callanan Industries, Inc., Respondent-Appellant, v. Alvino Fretto, as Executrix of Patrick Fretto, Doing Business as Fretto Bros., et al., Respondents, and J. N. Futia Co., Inc., et al., Appellants-Respondents. State University Construction Fund, Defendant

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

June 28, 1973

Early in 1969 the State contracted with Futia for certain construction work at the State University in Albany. Futia subcontracted the excavation, backfilling and paving work involved to defendant Fretto Bros., who in turn contracted with the plaintiff Callanan Industries, Inc., for the paving. In this action, Callanan seeks recovery against Futia for the installation of the pavement at the school. As to the agreement between Callanan and Fretto Bros., there is no dispute...

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