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C. H. SANDERS CONSTR. CO., INC. v. BANKERS TRUST CO.

123 A.D.2d 251 (1986)

C. H. Sanders Construction Co., Inc., Appellant, v. Bankers Trust Company, Respondent and Third-Party Plaintiff, et al., Third-Party Defendants

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

September 4, 1986

Plaintiff, a general contractor, subcontracted with Tech Heating & Mechanical, Inc. (Tech) to do the plumbing on one of its construction projects. Progress payments made by plaintiff to Tech were to be used, at least in part, to pay for materials supplied by Blake Plumbing Supply (Blake). After learning that Blake was not being paid, plaintiff attempted to ensure Blake's receipt of the sums owed by making the final check sent to Tech in the amount of $26,000 payable to...

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