MAINES PAPER & FOOD SERVICE, INC. v. LOSCO GROUP, INC.


36 A.D.3d 1047 (2007)

827 N.Y.S.2d 345

MAINES PAPER & FOOD SERVICE, INC., Appellant, v. LOSCO GROUP, INC., Respondent.

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

Decided January 11, 2007.


Kane, J.

Defendant, the general contractor on a school reconstruction project, subcontracted with plaintiff to furnish, deliver and install food service equipment. Plaintiff completed the work contracted for and received payment from defendant in the amount of the agreed-upon price minus a 10% retainage fee which was provided for in the subcontract. Plaintiff thereafter commenced this action to recover the balance of the subcontract price and, when defendant failed...

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