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ROCH. PLUMBING v. BURGART, INC.

49 A.D.2d 78 (1975)

Rochester Plumbing Supply Co., Inc., Appellant, v. A. Burgart, Inc., Respondent. (Appeal No. 1.) Rochester Plumbing Supply Co., Inc., Third-Party Plaintiff-Respondent, v. W-K-M Valve Division of ACF Industries, Inc., Third-Party Defendant-Appellant. (Appeal No. 2.)

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

July 18, 1975

Attorney(s) appearing for the Case

Burns, Suter & Doyle (Paul K. Lange of counsel), for appellant and third-party plaintiff-respondent.

Houghton & Pappas (Thomas E. Lenweaver of counsel), for respondent.

Hickey, McHugh & Garlick (William K. Sutherland of counsel), for third-party defendant-appellant.

MARSH, P. J., CARDAMONE, GOLDMAN and WITMER, JJ., concur.

SIMONS, J.

Defendant, Burgart, Inc., is a plumbing contractor and was the successful bidder for subcontract work on the construction of the Rochester sewage treatment plant. Specifications for the work required the use of either DeZurik or Magna Seal valves and in preparing its bid for the general contractor, Burgart used quotations for Magna Seal valves supplied by a representative of the manufacturer, third...

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