On October 31, 1977, plaintiff, Bestway Construction, Inc. (Bestway), entered into a contract with defendant Broome County (the county) for the construction of a dam on the Nanticoke Creek. Defendant Rose Stone & Concrete, Inc. (Rose) subsequently was awarded a subcontract to supply the concrete for the dam. Funding for the project was furnished by the United States Department of Agriculture Soil and Conservation Service (SCS) under a contract with the county in which...
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