JOSEPH DAVIS INDUSTRIAL SERVICES v. SICOLI & MASSARO, INC.


289 A.D.2d 984 (2001)

734 N.Y.S.2d 795

JOSEPH DAVIS INDUSTRIAL SERVICES, Formerly Known as JOSEPH DAVIS HEAVY RIGGING & TRANSPORTATION, Respondent, v. SICOLI & MASSARO, INC., et al., Appellants.

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

Decided December 21, 2001.


Order unanimously affirmed with costs.

Memorandum:

Defendant Innovative Building Systems, a division of defendant Sicoli & Massaro, Inc. (Sicoli & Massaro), contracted with the State University Construction Fund to expand the seating in the football stadium at the State University of New York at Buffalo. Innovative Building Systems in turn contracted with 15 subcontractors or materials providers, one of which is plaintiff. Plaintiff subsequently commenced...

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