Order modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We find that Bensal Construction, Inc. (Bensal) under its contract (to furnish stone and gravel for public improvement projects for the County of Erie and the Southtowns Sewage Treatment Agency) with R. P. Myers, Inc. (Myers), the general contractor, was a materialman and not a contractor or a subcontractor (see A & J Buyers v Johnson, Drake & Piper,
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GERNATT ASPHALT PRODS., INC. v. BENSAL CONSTR., INC.
90 A.D.2d 993 (1982)
Gernatt Asphalt Products, Inc., Appellant-Respondent, v. Bensal Construction, Inc., Defendant; Erie County Finance Department et al., Respondents, and Aetna Casualty and Surety Company et al., Respondents-Appellants R. P. Myers, Inc., et al., Third-Party and Interpleader Plaintiffs-Respondents-Appellants, v. Robert Smolinski et al., Third-Party and Interpleader Defendants-Respondents-Appellants, and United States of America, Third-Party and Interpleader Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
November 9, 1982
November 9, 1982
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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