METRO. ELEC. MFG. CO. v. HERBERT CONSTR. CO., INC.


183 A.D.2d 758 (1992)

Metropolitan Electric Manufacturing Company, Respondent, v. Herbert Construction Co., Inc., et al., Appellants, et al., Defendant

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

May 11, 1992


Ordered that the order is reversed insofar as appealed, on the law, with costs, and the appellants' motion to dismiss the second cause of action of the complaint for failure to state a cause of action is granted.

The plaintiff agreed to manufacture and supply certain goods for the defendant Sigmund London, Inc. (hereinafter London) in connection with a construction project on which London was a subcontractor. The defendant...

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