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NORTH CENTRAL MECHANICAL, INC. v. HUNT CONSTRUCTION GROUP, INC.

43 A.D.3d 1396 (2007)

843 N.Y.S.2d 894

NORTH CENTRAL MECHANICAL, INC., on Behalf of Itself and Others Similarly Situated, Respondent-Appellant, v. HUNT CONSTRUCTION GROUP, INC., Appellant-Respondent, et al., Defendant. (Appeal No. 2.)

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

Decided September 28, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety and awarding plaintiff retainage in the amount of $457,684 and as modified the judgment is affirmed without costs.

Memorandum:

Plaintiff, a mechanical and plumbing subcontractor on a construction project at the Turning Stone Casino & Resort, commenced this action on its own behalf and on behalf of others...

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