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LOWY & DONNATH v. CITY OF NY

98 A.D.2d 42 (1983)

Lowy and Donnath, Inc., Appellant, v. City of New York et al., Defendants, and T. Moriarty & Son, Inc., Respondent

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

December 27, 1983

Attorney(s) appearing for the Case

Daniel Diamond for appellant.

Steven G. Rubin for respondent.

KUPFERMAN, J. P., ROSS, BLOOM and ALEXANDER, JJ., concur.

SULLIVAN, J.

Lowy & Donnath, Inc., appeals from the dismissal, after a nonjury trial, of its complaint, which had sought to recover $19,043.21, representing the reasonable value of labor and materials furnished to T. Moriarty & Son, Inc., the general contractor under a public improvement contract with the City of New York.*

On or about August 14, 1979, the City of New York, acting by the New York City Transit...

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