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CDE AIR v. HEALTH & HOSPS.

105 Misc.2d 848 (1980)

C.D.E. Air Conditioning, Inc., Plaintiff, v. New York Health & Hospitals Corp., Defendant.

Civil Court of the City of New York, New York County.

November 24, 1980.

Attorney(s) appearing for the Case

Samuel Panzer for plaintiff. Allen G. Schwartz, Corporation Counsel, for defendant.

MARGARET TAYLOR, J.

Plaintiff, an independent contractor, brought this action to recover $4,000 that was deducted from payments allegedly due and owing from defendant as per the terms of a heating, ventilation and air-conditioning contract of October 7, 1974 for a city project. Defendant moves for summary judgment dismissing the complaint. (CPLR 3211, subd [a], par 1.) Defendant alleges that this amount was deducted pursuant to the contract's own terms...

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