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BURGESS STEEL PRODS. CORP. v. MODERN TELECOMMS., INC.

205 A.D.2d 344 (1994)

613 N.Y.S.2d 158

Burgess Steel Products Corp., Appellant, v. Modern Telecommunications, Inc., Respondent, et al., Defendants

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

June 9, 1994

Pursuant to its contract with Modern Telecommunications, Inc. ("Modern"), the plaintiff was to furnish and install certain structural steel at premises owned by WMDC Associates, Inc. at a cost of $44,350. When the defendants refused to pay, the plaintiff instituted this action to foreclose on a mechanic's lien and for breach of contract.

Modern moved for summary judgment dismissing the complaint on the ground that the plaintiff...

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