JOHNSON CITY CENTRAL SCHOOL DISTRICT v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND


263 A.D.2d 580 (1999)

693 N.Y.S.2d 669

JOHNSON CITY CENTRAL SCHOOL DISTRICT, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND et al., Defendants, and UNITED STRUCTURES OF AMERICA, INC., Respondent.

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

Decided July 1, 1999.


Cardona, P. J.

In April 1990, plaintiff entered into a contract with defendant Daniel J. Lynch, Inc. (hereinafter Lynch) for the construction of certain buildings to be used as bus garages and a maintenance facility. In connection therewith, Lynch entered into a contract with defendant United Structures of America, Inc. (hereinafter USA) to manufacture and supply prefabricated metal buildings which were subsequently erected by Lynch. In February 1994, two of the buildings...

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