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  5. 85 N.Y.2d 281 (1995)
 

DAVIDSON PIPE v. INDUS. DEV.

85 N.Y.2d 281 (1995)

648 N.E.2d 468

624 N.Y.S.2d 92

Davidson Pipe Supply Co., Inc., Appellant, v. Wyoming County Industrial Development Agency et al., Respondents.

Court of Appeals of the State of New York.

Decided February 21, 1995.

Attorney(s) appearing for the Case

Jones Hirsch Connors & Bull, New York City (William S. Sterns, III, and Gloria L. Bisogno of counsel), for appellant.

Dadd and Nelson, P. C., Attica (Eric T. Dadd of counsel), for Wyoming County Industrial Development Agency and others, respondents.

Saperston & Day, P.C., Buffalo (Robert W. Michalak and James P. Domagalski of counsel), for Indeck Energy Resources of Silver Springs, Inc., respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur; Judge TITONE taking no part.

SMITH, J.

The issue here is whether a construction project developed with the assistance of an industrial development agency is properly considered a "public improvement" under State Finance Law § 137 requiring alternative bonds to insure that suppliers of goods and services will receive payment. Because we hold that the subject project is not a "public improvement" within the meaning of the statute, we...

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