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YONKERS CONTRACTING COMPANY, INC. v. ROMANO ENTERPRISES OF NEW YORK, INC.

304 A.D.2d 657 (2003)

757 N.Y.S.2d 339

YONKERS CONTRACTING COMPANY, INC., Respondent, v. ROMANO ENTERPRISES OF NEW YORK, INC., et al., Appellants, et al., Defendants. (And Another Title.)

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

Decided April 14, 2003.

Ordered that the order is reversed insofar as appealed from, with costs, and those branches of the plaintiff's motion which were to certify the action as a class action pursuant to CPLR article 9 and Lien Law § 77 (1) and to determine the method of notice are denied.

The plaintiff, Yonkers Contracting Company, Inc. (hereinafter Yonkers), was a prime contractor under a public improvement contract with the New York City...

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