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

302 A.D.2d 709 (2003)

754 N.Y.S.2d 588

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 February 13, 2003.

Lahtinen, J.

This is the third appeal (284 A.D.2d 643; 274 A.D.2d 890) brought by defendant Tougher Industries, Inc. in this action which arises out of a payment dispute for subcontract work that Tougher performed for defendant Christa Construction, Inc., the general contractor on a project to construct a nursing home in the City of Ithaca, Tompkins County. Tougher's action for money damages,...

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