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FERRANDINO & SON, INC. v. WHEATON BUILDERS, INC., LLC

2009-08843.

82 A.D.3d 1035 (2011)

920 N.Y.S.2d 123

FERRANDINO & SON, INC., Appellant, v. WHEATON BUILDERS, INC., LLC, Defendant, and HE2 PROJECT DEVELOPMENT, LLC, Respondent. (And Other Actions.)

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

Decided March 22, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent.

In February 2007, the plaintiff and the defendant Wheaton Builders, Inc., LLC (hereinafter Wheaton), entered into a subcontract pursuant to which the plaintiff agreed to install a concrete superstructure for a condominium complex located in Brooklyn. The defendant HE2 Project Development, LLC (hereinafter HE2), was the project manager...

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