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ELL-DORER CONTRACTING CO. v. P. T. & L. CONSTR. CO., INC.

85 A.D.2d 866 (1981)

Ell-Dorer Contracting Co., Respondent, v. P. T. & L. Construction Co., Inc., Appellant, et al., Defendants

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

December 31, 1981

The bridge work on the project was subcontracted to plaintiff Ell-Dorer Contracting Co. (Ell-Dorer). Having satisfactorily completed performance, Ell-Dorer seeks to recover some $51,000, the undisputed balance due on the contract, and retainage in the amount of $145,000, with interest, admittedly being improperly withheld. PT & L asserts two counterclaims, one of which (improperly denominated an affirmative defense) is a claimed offset based on $172,000 paid by PT &...

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