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I.T.R.I. MASONRY CORP. v. STATE

21 A.D.3d 990 (2005)

801 N.Y.S.2d 396

I.T.R.I. MASONRY CORP., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 106692.)

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

September 19, 2005.

Ordered that the order is affirmed, with costs.

The general contractor never entered into a "liquidating agreement" with the claimant which would have authorized the general contractor to bring a "pass-through" action against the State of New York (Barry, Bette & Led Duke v. State of New York, 240 A.D.2d 54, 56 [1998]; see Postner & Rubin, New York Construction Law Manual § 3:23; cf. Bovis Lend Lease...

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