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AMERICAN BUILDING SUPPLY CORP. v. AVALON PROPERTIES, INC.

32 A.D.3d 971 (2006)

822 N.Y.S.2d 289

AMERICAN BUILDING SUPPLY CORP., Plaintiff, v. AVALON PROPERTIES, INC., Also Known as AVALONBAY COMMUNITIES, INC., Appellant-Respondent, YORK HUNTER CONSTRUCTION, INC., et al., Respondents-Appellants, et al., Defendants.

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

September 26, 2006.

Ordered that the judgment is modified, on the law, by reducing the award on the cross claims from the principal sum of $1,248,748 to the principal sum of $371,207; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the defendant Avalon Properties, Inc., also known as Avalonbay Communities, Inc., to the defendants York Hunter Construction, Inc., and National Union...

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