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ERNST STEEL v. HORN CONSTR. DIV.

104 A.D.2d 55 (1984)

Ernst Steel Corporation, Respondent-Appellant, v. Horn Construction Division, Halliburton Company, et al., Appellants-Respondents. (Appeal No. 2.)

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

November 7, 1984

Attorney(s) appearing for the Case

Corner, Finn, Nicholson & Charles (Michael Nicholson of counsel), for appellants-respondents.

Sacks, Montgomery, Pastore & Levine, P. C. (William J. Pastore and Edward J. Henderson of counsel), for respondent-appellant.

HANCOCK, JR., J. P., DENMAN, GREEN and O'DONNELL, JJ., concur.

SCHNEPP, J.

This action arises out of a contract entered into between plaintiff, Ernst Steel Corporation, and defendants, Horn Construction Division, Halliburton Company, and Peter Kiewit Sons' Co. (Horn-Kiewit), for the fabrication and delivery by Ernst of approximately 1,670 tons of structural steel to be used by Horn-Kiewit to fulfill its prime contract with the City of New York Transit Authority (TA) for...

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