Ordered that the order is affirmed, without costs or disbursements.
The defendant Massa Construction, Inc. (hereinafter the defendant), was the general contractor for the construction of a firing range at Fishkill Correctional Facility, a public works construction project (hereinafter the project) for the New York State Office of General Services (hereinafter OGS). The defendant entered into a subcontract with the plaintiff for earthwork on the project.
The...
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