PHOENIX CORPORATION v. U.W. MARX, INC.


64 A.D.3d 967 (2009)

881 N.Y.S.2d 714

PHOENIX CORPORATION, Respondent, v. U.W. MARX, INC., et al., Appellants.

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

Decided July 9, 2009.


Stein, J.

Plaintiff was hired as a subcontractor by defendant U.W. Marx, Inc. (hereinafter defendant) to install steel reinforcement on a fast-track construction project pursuant to a written subcontract executed by the parties. It is undisputed that plaintiff's contemplated start date was delayed for a variety of reasons, all unrelated to plaintiff.

Shortly after plaintiff finally began its work with an initial crew of six workers and an anticipated maximum...

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