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L. K. COMSTOCK & CO., INC. v. DUFFY

43 A.D.2d 704 (1973)

L. K. Comstock & Company, Inc., Appellant, v. James J. Duffy et al., Individually and as Trustees of the Pension-Retirement Benefit Fund of The International Union of Operating Engineers, Local 138, Respondents

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

December 10, 1973

Order reversed, on the law, with $20 costs and disbursements, and plaintiff's motion for summary judgment granted.

This is an action to recover a total of $180,109.85 for work, labor and materials and on accounts stated, relating to installation of lighting fixtures from December 6, 1971 to June 21, 1972 by plaintiff's predecessor (which was merged into plaintiff) for defendants for their Colonie Hill project. On June 28, 1972 plaintiff tendered its invoice to defendants...

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