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  5. 256 A.D.2d 868 (1998)
 

ROBERT H. FINKE & SONS, INC. v. SEARS OIL COMPANY, INC.

256 A.D.2d 868 (1998)

681 N.Y.S.2d 829

ROBERT H. FINKE & SONS, INC., Respondent, v. SEARS OIL COMPANY, INC., Appellant.

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

Decided December 17, 1998.

Peters, J.

In November 1993, defendant contracted with Burgess Construction Services, Inc. (hereinafter Burgess) to retrofit its oil storage tanks. In connection therewith, plaintiff was hired to provide certain construction equipment. As a result of Burgess' failure to complete the project, defendant commenced an action in Federal District Court to recover damages resulting therefrom. This action stems from plaintiff's failure to receive payment for equipment provided...

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