CERTIFIED FENCE CORPORATION v. FELIX INDUSTRIES, INC.


260 A.D.2d 338 (1999)

687 N.Y.S.2d 682

CERTIFIED FENCE CORPORATION, Respondent-Appellant, v. FELIX INDUSTRIES, INC., et al., Appellants-Respondents.

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

Decided April 5, 1999.


Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff and the defendants entered into a construction contract whereby the plaintiff agreed to be the subcontractor for the defendants, acting as general contractors, on a project known as the Half Moon Construction project. One of the contract's provisions required that the general contractor be paid by the owner before being required to pay the...

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