FERGUSON ELECTRIC COMPANY, INC. v. KENDAL AT ITHACA, INC.


274 A.D.2d 890 (2000)

711 N.Y.S.2d 246

FERGUSON ELECTRIC COMPANY, INC., Plaintiff, v. KENDAL AT ITHACA, INC., et al., Respondents, and TOUGHER INDUSTRIES, INC., Appellant, et al., Defendants.

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

Decided July 27, 2000.


Lahtinen, J.

Defendant Christa Construction, Inc. was the general contractor for a nursing home project in the City of Ithaca, Tompkins County, owned by defendant Kendal at Ithaca, Inc. On July 11, 1994 defendant Tougher Industries, Inc. entered into a subcontractor agreement with Christa for plumbing and heating work on the project. Tougher was never paid in full for its work by Christa despite oral and written demands for payment presented to Christa and Christa...

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