BINGHAMTON PRECAST & SUPPLY v. A. SERVIDONE, INC./B. ANTHONY CONSTRUCTION CORPORATION


257 A.D.2d 731 (1999)

682 N.Y.S.2d 719

BINGHAMTON PRECAST & SUPPLY, Respondent, v. A. SERVIDONE, INC./B. ANTHONY CONSTRUCTION CORPORATION, a Joint Venture, Appellant, et al., Defendants.

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

Decided January 7, 1999.


Carpinello, J.

In connection with a highway construction project in Orange County, plaintiff was awarded a contract to supply defendant A. Servidone, Inc./B. Anthony Construction Corporation (hereinafter defendant), the general contractor, with concrete box culverts. To this end, the parties entered into a credit agreement whereby plaintiff agreed to bill defendant for all culverts delivered and defendant agreed that all amounts 30 days past due would be subject to...

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