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LAUR & MACK CONTRACTING CO., INC. v. DI CIENZO, SR.

274 A.D.2d 960 (2000)

710 N.Y.S.2d 828

LAUR & MACK CONTRACTING CO., INC., Appellant, v. DINO DI CIENZO, SR., et al., Respondents. LAUR & MACK CONTRACTING CO., INC., Third-Party Plaintiff-Appellant, v. RUSSELL ASSOCIATES, Also Known as OFFICE OF EDWARD D. RUSSELL, ARCHITECT, Third-Party Defendant-Respondent.

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

Decided July 7, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motion for summary judgment dismissing the amended complaint. Defendants hired plaintiff and third-party plaintiff, Laur & Mack Contracting Co., Inc. (Laur & Mack), as general contractor for the construction of a motel in Niagara Falls. In the amended complaint, Laur & Mack alleges that it completed the contract work and is entitled to final payment...

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