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DOMMER CONSTRUCTION CORPORATION v. SAVARINO CONSTRUCTION SERVICES CORP.

CA 10-02058.

85 A.D.3d 1617 (2011)

925 N.Y.S.2d 305

2011 NY Slip Op 4921

DOMMER CONSTRUCTION CORPORATION, Appellant, v. SAVARINO CONSTRUCTION SERVICES CORP. et al., Respondents.

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

Decided June 10, 2011.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendant Savarino Construction Services Corp. (Savarino) contracted with Niagara Falls Memorial Medical Center (Medical Center) to construct a new emergency room and heart center (Project) at the Medical Center. Defendant The Cincinnati Insurance Company issued a payment bond to Savarino, and Savarino subcontracted with plaintiff to perform an extensive portion...

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