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CASA REDIMIX CONCRETE CORP. v. WESTWAY INDUSTRIES INC.

6598, 13891/01

91 A.D.3d 539 (2012)

937 N.Y.S.2d 46

2012 NY Slip Op 407

CASA REDIMIX CONCRETE CORP., Appellant, v. WESTWAY INDUSTRIES INC., Defendant, and HUNTS POINT COOPERATIVE MARKET, INC., Respondent.

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

Decided January 24, 2012.

Plaintiff seeks payment from defendant Hunts Point for concrete it supplied to Hunts Point's construction site pursuant to an agreement with defendant Westway Industries Inc., the contractor for the excavation and foundation work. Plaintiff contends that its claim is encompassed in a related reformation action brought by Hunts Point against the surety that issued payment and performance bonds and in the settlement of that action...

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