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POLEY PAVING CORP. v. UNITED CEREBRAL PALSY ASS'N OF SULLIVAN COUNTY

241 A.D.2d 847 (1997)

660 N.Y.S.2d 493

Poley Paving Corporation et al., Respondents, and Bogner-Seitel Lumber Company, Inc., Appellant-Respondent, v. United Cerebral Palsy Association of Sullivan County et al., Respondents-Appellants, et al., Defendants

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

July 31, 1997

Peters, J.

This action stems from the construction of a new facility for defendant United Cerebral Palsy Association of Sullivan County (hereinafter UCP) for which bids were sought from various construction companies. Ultimately, defendant Kaide Construction, Inc. (hereinafter Kaide) won the bid and entered into a contract with UCP which named Kaide as the "construction manager" and UCP as the "owner". Under such agreement, the construction manager was...

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