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NASSAU ROOFING v. DEV. CORP.

115 A.D.2d 48 (1986)

Nassau Roofing & Sheet Metal, Inc., Appellant, v. Facilities Development Corporation, Formerly Health and Mental Hygiene Facilities Improvement Corporation, et al., Defendants, and Celotex Corporation et al., Respondents. (And Two Third-Party Actions.)

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

March 6, 1986

Attorney(s) appearing for the Case

Deutsch & Spring (Laurence E. Deutsch of counsel), for appellant.

Tunstead, Schechter & Torre (Jonah C. Grill of counsel), for Celotex Corporation, respondent.

Donohue, Donohue & Sabo (George C. Cooley of counsel), for Max O. Urbahn Associates, respondent.

Ainsworth, Sullivan, Tracy & Knauf (Frank M. Pell of counsel), for Turner Construction Company, respondent.

Pentak, Brown & Tobin (Robert A. Murphy, Jr., of counsel), for Lord Electric Company, Inc., respondent.

Bouck, Holloway, Kiernan & Casey (Michael Jon Longstreet of counsel), for Wolff & Munier, Inc., respondent.

Horigan & Horigan (Thomas V. Blaber of counsel), for D & F Masons, Inc., respondent.

Alberti & Epstein (Nolan & Heller [Robert C. Weisenberger] of counsel), for United Specialties and another, respondents.

MAHONEY, P. J., KANE, YESAWICH, JR., and LEVINE, JJ., concur.

MAIN, J.

In 1972, plaintiff entered into a contract with defendant Facilities Development Corporation (FDC) under which plaintiff was to supply labor and materials for roofing work at Lincoln Hospital, located in Bronx County. One provision of that agreement allowed FDC to cancel the contract if it determined that plaintiff was not performing its work according to the contract's terms. Before it could take such...

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