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MU CH. v. NORTHEAST CONSTR.

179 Misc.2d 374 (1999)

684 N.Y.S.2d 872

Mu Chapter of the Sigma Pi Fraternity of the United States, Inc., Plaintiff, v. Northeast Construction Services, Inc., Defendant. (Action No. 1.) CNA Insurance Company, as Subrogee of Mu Chapter of the Sigma Pi Fraternity of the United States, Inc., Plaintiff, v. Northeast Construction Services, Inc., Defendant. (Action No. 2.)

Supreme Court, Tompkins County.

January 15, 1999

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, L. L. P., Binghamton (Michael R. Wright of counsel), for defendant. Bouck, Holloway, Kiernan & Casey, Albany (Mark D. Sanza of counsel), for plaintiff in action No. 1. Saperston & Day, P. C., Rochester (Scott R. Jennette of counsel), for plaintiff in action No. 2.

WALTER J. RELIHAN, JR., J.

Mu Chapter of the Sigma Pi Fraternity of the United States, Inc. (Mu), hired Northeast Construction Services, Inc. (NE), to perform extensive renovations and improvements upon an existing fraternity structure, including the construction of a new four-story addition. The lump-sum price of the job was $664,200, the largest part of which (perhaps $400,000-500,000) was allocable to the...

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