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G.H. DORETY CONSTR., INC. v. JOSEPH FRANCESE, INC.

252 A.D.2d 656 (1998)

675 N.Y.S.2d 181

G. H. Dorety Construction, Inc., Respondent, v. Joseph Francese, Inc., et al., Appellants. (And a Third-Party Action.)

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

July 2, 1998

Mikoll, J. P.

This action arises out of a contract for the construction of an elementary school in the City of Troy, Rensselaer County, entered into in July 1991 between the Enlarged City School District of Troy (hereinafter the District) and defendant Joseph Francese, Inc., as general contractor. The contract provided for completion within an estimated 395 days. In October 1991, Francese subcontracted with plaintiff for the performance of a portion of...

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