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GIANT SUPPLY CORP. v. CITY OF NEW YORK

248 A.D.2d 231 (1998)

670 N.Y.S.2d 29

Giant Supply Corp., Respondent, v. City of New York et al., Appellants, et al., Defendant

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

March 17, 1998

On June 25, 1991, the City of New York and the New York City Department of Housing Preservation and Development (defendants or the City) entered into a contract with Kallo Building and Construction (Kallo), the general contractor, for improvement of a City-owned building. The City agreed to pay Kallo $122,488.40, and held this amount in escrow for that purpose. Kallo put up a performance bond. Between August and December 1991, Kallo's subcontractor Giant Supply Corp. (plaintiff...

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