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TRI-STATE ENVIRONMENTAL CONTRACTING, INC. v. PT&L CONTRACTING CORPORATION

5 A.D.3d 127 (2004)

774 N.Y.S.2d 118

TRI-STATE ENVIRONMENTAL CONTRACTING, INC., Appellant, v. PT&L CONTRACTING CORPORATION et al., Respondents.

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

March 2, 2004.

Plaintiff alleges that it performed work and provided materials at the job site between January 12, 2000 and May 7, 2001, submitted invoices totaling $1,145,325.14 between February 7, 2000 and May 15, 2001, and that a balance of $297,693.54 remains due on its invoices. The motion court dismissed the complaint on the basis of a document denominated "Full and Final Waiver of Lien," signed by plaintiff and dated October 5, 2001, which states that plaintiff had accepted the amount...

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