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LANDIS & GYR POWERS, INC. v. BERLEY INDUSTRIES, INC.

298 A.D.2d 435 (2002)

750 N.Y.S.2d 82

LANDIS & GYR POWERS, INC., Appellant-Respondent, v. BERLEY INDUSTRIES, INC., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. DORMITORY AUTHORITY OF STATE OF NEW YORK, Third-Party Defendant-Respondent.

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

Decided October 15, 2002.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant Berley Industries, Inc. (hereinafter Berley), contracted with the Dormitory Authority of the State of New York for heating, ventilation, and air conditioning work at a renovation project at Queens College. Berley subcontracted the automatic temperature control work to the plaintiff. Due to delays allegedly caused by Berley's mismanagement of the project and failure...

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