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KMT CONSTRUCTION CORP. v. MEGA CONTRACTING, INC.

8 A.D.3d 194 (2004)

781 N.Y.S.2d 1

KMT CONSTRUCTION CORP., Appellant, v. MEGA CONTRACTING, INC., et al., Respondents.

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

June 24, 2004.

The trial court's determination to credit defendants Mega (the prime contractor) and Seaboard Surety with the amount of the settlement with plaintiff's subcontractor, Cosmo Interior and Exterior Construction, was amply supported by the record. Although plaintiff argues that such settlement was based on quantity (truckloads of excavation) rather than on a survey, which plaintiff's former vice-president (Messersmith) maintained was...

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