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STEPHEN MILLER GENERAL CONTRACTORS, INC. v. JOSEPH DAVIS, INC.

33 A.D.3d 1132 (2006)

823 N.Y.S.2d 251

STEPHEN MILLER GENERAL CONTRACTORS, INC., Respondent, v. JOSEPH DAVIS, INC., et al., Defendants, and NEW YORK STATE OFFICE OF GENERAL SERVICES, Appellant.

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

Decided October 26, 2006.

Kane, J.

Defendant Joseph Davis, Inc., a general contractor, entered into a contract with defendant New York State Office of General Services (hereinafter OGS) to perform emergency repairs of condensate lines at the State University of New York at Cobleskill. Davis hired plaintiff, a subcontractor, to furnish materials and perform labor on this project in exchange for $34,034.92. Plaintiff performed according to the subcontract, but Davis did not pay. As a result...

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