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JOSEPH P. CARRARA & SONS, INC. v. A.R. MACK CONSTRUCTION COMPANY, INC.

512067.

89 A.D.3d 1190 (2011)

931 N.Y.S.2d 813

2011 NY Slip Op 7772

JOSEPH P. CARRARA & SONS, INC., Appellant, v. A.R. MACK CONSTRUCTION COMPANY, INC., Respondent.

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

Decided November 3, 2011.

MERCURE, J.P.

In May 2008, plaintiff, a subcontractor, entered into a purchase order agreement with defendant, a contractor, whereby plaintiff agreed to provide concrete to a construction site located in the Town of Ticonderoga, Essex County. The agreement did not specify delivery dates, but indicated that delivery would be as scheduled by the parties.

Plaintiff made deliveries from August through November 2008, at which point all that remained to be delivered...

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