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MATTER OF SHERRI CONSTR. CORP. v. CAPEK CORP.

231 A.D.2d 576 (1996)

647 N.Y.S.2d 38

In the Matter of Sherri Construction Corporation, Respondent, v. Capek Corporation, Appellant

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

September 16, 1996

Ordered that the judgment is affirmed, with costs.

This contract dispute arises out of the construction of an office building by Sherri Construction Corporation (hereinafter Sherri) for Capek Corporation (hereinafter Capek). During the course of construction a dispute arose concerning a progress payment requisition submitted by Sherri for work completed to that date. Capek, believing that the requisition was unfounded, demanded documentation of the work completed...

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