SCIENTIFIC POLLUTION CONTROL CORP. v. JOY MFG. CO.


52 A.D.2d 554 (1976)

Scientific Pollution Control Corp., Respondent, v. Joy Manufacturing Co., Respondent, and Consolidated Edison Co. of New York, Appellant

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

April 20, 1976


This action was properly brought under section 77 of article 3A of the Lien Law, which permits a court to enforce for a subcontractor's benefit, a general contractor's claim for payment under a contract with the owner of property. The charge of the court informed the jury that the contract price was based upon "continuous and uninterrupted construction period and will be subject to adjustment if interruptions beyond the control ...

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