Ordered that the judgment is affirmed, without costs or disbursements.
In 1991 the defendant, a general contractor, ordered various materials from the plaintiff for use in its public and private construction projects around New York City. The agreed-upon price for the materials was $102,509, of which the defendant ultimately paid the plaintiff $42,758. Thereafter, the plaintiff commenced this action to recover the remaining $59,751, and the defendant interposed a...
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