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WALDORF STEEL FABRICATORS, INC. v. TROCOM CONSTR. CORP.

244 A.D.2d 479 (1997)

664 N.Y.S.2d 326

Waldorf Steel Fabricators, Inc., Plaintiff, v. Trocom Construction Corp., Appellant, Reliance Insurance Co. et al., Defendants, and City of New York, Respondent

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

November 17, 1997

Ordered that the order is affirmed, with costs.

The defendant Trocom Construction Corp. (hereinafter Trocom), as general contractor, entered into a contract to perform certain street and subway reconstruction work for the New York City Department of Transportation (hereafter the DOT). Trocom subcontracted the portion of the work involving the fabrication and erection of structural steel to the plaintiff. Subsequently, the DOT advised Trocom that it was exercising...

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