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MATTER OF FERRAN CONCRETE CO., INC. v. AVON ELEC. SUPPLIES CORP.

128 A.D.2d 527 (1987)

In the Matter of Ferran Concrete Co., Inc., Respondent, v. Avon Electrical Supplies Corp., Appellant

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

March 2, 1987

Ordered that the order is affirmed, with costs.

The petitioner entered into a contract with the Transit Authority for the modernization and rehabilitation of a car barn in Coney Island. After the petitioner had begun performance, on April 3, 1985, the Transit Authority terminated the contract for its own convenience, in accordance with the provisions of the contract. On September 4, 1985, Avon, a supplier of a subcontractor of the petitioner, filed a notice of mechanic...

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