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MCK BUILDING ASSOCIATES, INC. v. ST. LAWRENCE UNIVERSITY

301 A.D.2d 726 (2003)

754 N.Y.S.2d 397

MCK BUILDING ASSOCIATES, INC., Respondent, v. ST. LAWRENCE UNIVERSITY et al., Defendants, and GILBANE BUILDING COMPANY, Appellant.

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

Decided January 2, 2003.

Mercure, J.

Defendant Gilbane Building Company (hereinafter defendant) was the construction manager on a project to renovate two buildings on the campus of defendant St. Lawrence University. In May 1998, defendant subcontracted the masonry, millwork and rough carpentry work to plaintiff. Plaintiff submitted monthly statements of the labor and materials furnished for the project and, upon receipt of 90% of the approved payment, executed a "Waiver of Lien—Material...

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