BURT WELDING & AUTOMOTIVE REPAIR, INC. v. U.W. MARX, INC.


272 A.D.2d 737 (2000)

707 N.Y.S.2d 548

BURT WELDING & AUTOMOTIVE REPAIR, INC., Formerly Known as BURT CRANE & RIGGING, Appellant, v. U.W. MARX, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided May 18, 2000.


Carpinello, J.

This is an appeal from a judgment dismissing plaintiff's complaint following a bench trial. Plaintiff was a subcontractor on a construction project in which it agreed to install structural steel and precast concrete panels for $301,400. The essence of plaintiff's claim is that, because defendant U.W. Marx, Inc. (the general contractor) failed to properly coordinate delivery of the precast concrete panels to the job site, plaintiff's cranes were idle...

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