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B. G. EQUIP. v. AMER. INS.

61 A.D.2d 247 (1978)

B. G. Equipment Co., Inc., Respondent-Appellant, v. American Insurance Company, Appellant-Respondent

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

February 17, 1978

Attorney(s) appearing for the Case

McGrath, Meyer, Lieberman & Lipp, P. C. (Howard L. Meyer of counsel), for appellant-respondent.

Woods, Oviatt, Gilman, Sturman & Clarke (Percival D. Oviatt, Jr., of counsel), for respondent-appellant.

MARSH, P. J., CARDAMONE, HANCOCK, JR., and WITMER, JJ., concur.

DILLON, J.

The defendant appeals from a judgment awarded to the plaintiff B. G. Equipment Co. Inc. (BG) in the sum of $104,617.42, and the plaintiff cross-appeals on the ground that the judgment is inadequate by the sum of $19,174.

In January, 1972 Jespersen-Rochester, Inc. (JRI) contracted with Building Systems Housing Corporation of New York (BSHC), the prime contractor, to erect concrete building panels...

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