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MILLIGAN CONTR. v. MANCINI

174 A.D.2d 136 (1992)

B. Milligan Contracting Inc., Respondent, v. Andrew R. Mancini Associates Inc., Appellant, et al., Defendants

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

January 23, 1992

Attorney(s) appearing for the Case

Hickey, Sheehan & Gates, P. C. (Paul M. Price of counsel), for appellant.

Coulter, Fraser, Bolton, Bird & Ventre (Robert F. Coulter of counsel), for respondent.

MIKOLL, J. P., YESAWICH JR. and CREW III, JJ., concur.

HARVEY, J.

Defendant Andrew R. Mancini Associates Inc. (hereinafter defendant) was hired as a subcontractor to perform improvements on a building owned by Cornell University in the City of Ithaca, Tompkins County. After obtaining this job, defendant entered into an agreement with plaintiff whereby plaintiff was to furnish defendant with all materials required to complete the project. Although plaintiff also...

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