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PACIFIC WESTERN, INC. v. E & A RESTORATION, INC.

2017-02564. Index No. 604985/16.

178 A.D.3d 834 (2019)

111 N.Y.S.3d 906

2019 NY Slip Op 08852

Pacific Western, Inc., Appellant, v. E & A Restoration, Inc., Respondent.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Silverberg P.C., Central Islip, NY ( Karl Silverberg of counsel), for appellant.

Forchelli Deegan Terrana LLP, Uniondale, NY ( John M. Comiskey and Joseph P. Asselta of counsel), for respondent.

Dillon, J.P., Cohen, Miller and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs.

The defendant contracted with the United States Department of the Interior to perform certain improvements at the Sagamore Hill National Historic Site in Oyster Bay (hereinafter the project site), which included the construction of pedestrian pathways. On or about August 6, 2013, the defendant entered into a contract with Soil Stabilization Products Company, Inc. (hereinafter SSPC), a California-based company, to manufacture...

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