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RICE MOHAWK US CONSTRUCTION CO., LTD. v. STURDY CONCRETE CO., CORP.

40 A.D.3d 1065 (2007)

837 N.Y.S.2d 263

RICE MOHAWK US CONSTRUCTION CO., LTD., Appellant, v. STURDY CONCRETE CO., CORP., et al., Respondents.

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

Decided May 29, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff was a subcontractor of the defendant Sturdy Concrete Co., Corp. (hereinafter Sturdy) with respect to a subway reconstruction contract entered into with the New York City Transit Authority (hereinafter the Transit Authority). The general contract provided that any action under the contract was required to be "commenced within six (6) months after the date of the issuance of the Final Payment Certificate...

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