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BERTO CONSTRUCTION INC. V PERGAMENT MALL OF STATEN ISLAND LLC

0101254/2006, Motion Nos. 001, 002

2008 NY Slip Op 32064 (U)

BERTO CONSTRUCTION INC., Plaintiff(s), v. PERGAMENT MALL OF STATEN ISLAND LLC, NY CONSTRUCTION AND PAVING INC., Defendant(s). NY CONSTRUCTION AND PAVING INC., Third-Party Plaintiff(s), v. A.J.S. PROJECT MANAGEMENT, INC., Third-Party Defendant(s).

Supreme Court of the State of New York, Richmond County.

July 22, 2008

DECISION AND ORDER

Judith N. McMahon, Judge.

Plaintiff, Berto Construction Inc. [hereinafter "Berto"] commenced this action on or about April 10, 2006, to recover monies allegedly due and owing for asphalt, paving work performed on defendant Pergament Mall of Staten Island LLC's [hereinafter "Pergament"] property. It is undisputed that Pergament hired third-party defendant A.J.S. Project Management Inc., [hereinafter "AJS"] as general contractor for its...

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