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STARA PLUMBING & HEATING CO., INC. v. PETER K. KELLY CONTRACTING CORP.

61 A.D.2d 950 (1978)

Stara Plumbing & Heating Co., Inc., Respondent-Appellant, v. Peter K. Kelly Contracting Corp., Appellant-Respondent, et al., Defendants

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

March 23, 1978

Defendant Kelly entered into five construction contracts with the City of New York. In each case, Kelly also entered into five subcontracts with the plaintiff for the plumbing work. On the instant motion for partial summary judgment against Kelly, plaintiff seeks to recover $8,537.37 as the total balance due under the five subcontracts. The plaintiff has properly supported its motion by an officer's affidavit asserting that his company has fully performed under the subcontracts...

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