UNION STRUCTURAL ERECTORS, INC. v. POSLAU JOINT VENTURE


234 A.D.2d 536 (1996)

651 N.Y.S.2d 189

Union Structural Erectors, Inc., Appellant, v. Poslau Joint Venture et al., Respondents

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

December 23, 1996


Ordered that the order is affirmed, with costs.

In July 1992 the respondent Poslau Joint Venture (hereinafter Poslau), the general contractor on a public works project for the defendant New York State Department of Transportation (hereinafter the DOT), entered into a subcontract with the plaintiff for the performance of portions of the general contract. In July 1993 the DOT ordered the plaintiff off the project. In 1994 the plaintiff commenced the instant action seeking...

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