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BUCON, INC. v. PA. INS. CO.

151 A.D.2d 207 (1989)

Bucon, Inc., Doing Business as Butler Construction, Respondent, v. Pennsylvania Manufacturing Association Insurance Company, Appellant, et al., Defendants

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

November 16, 1989

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Cory C. Kirchert of counsel), for appellant.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Dianne Bresee Mayberger of counsel), for respondent.

CASEY, J. P., WEISS, MERCURE and HARVEY, JJ., concur.

LEVINE, J.

In February 1986, defendant D. Benvenuti Properties (hereinafter Benvenuti) contracted with plaintiff, as contractor, to supply the materials and erect the structural steel and metal roofing of a Honda automobile distribution center building to be constructed on Benvenuti's property. Plaintiff then subcontracted with defendant R. A. Marker & Sons, Inc. (hereinafter Marker) to furnish and erect...

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