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UTICA SHEET METAL v. MYERS-LAINE CORP.

45 A.D.2d 116 (1974)

Utica Sheet Metal Corporation, on Behalf of Itself and All Other Persons Similarly Situated, Appellant v. Myers-Laine Corp. et al., Respondents, and Dormitory Authority of the State of New York, Defendant

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

June 25, 1974.

Attorney(s) appearing for the Case

Foley & Frye (Richard A. Frye of counsel), for appellant.

Abelove, Siegel & Abelove for Myers-Laine Corp., respondent.

Felt, Hubbard, Hopkins, Bach & Corrou (Vincent R. Corrou, Jr., of counsel), for Neil R. Nielsen, Inc. and another, respondents.

STALEY, JR., J. P., KANE, MAIN and REYNOLDS, JJ., concur.

GREENBLOTT, J.

In 1967, defendant, Neil R. Nielsen, Inc., entered into a contract with the State Dormitory Authority for construction of a physical education building at Hartwick College in Oneonta. Defendant Myers-Laine Corporation was a heating, ventilating and air-conditioning subcontractor, and the plaintiff herein, Utica Sheet Metal Corporation, was sub-subcontractor to Myers-Laine for sheet metal work....

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