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NGU, INC. v. CITY OF NEW YORK

2019-00057. Index No. 150891/13.

189 A.D.3d 850 (2020)

138 N.Y.S.3d 170

2020 NY Slip Op 07204

NGU, Inc., et al., Respondents, v. City of New York et al., Defendants, and Masterpiece U.S., Inc., et al., Appellants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, NY ( Manny A. Frade and Adam P. Wald of counsel), for appellants.

Zetlin & De Chiara, LLP, New York, NY ( James H. Rowland of counsel), for respondents.

Scheinkman, P.J., Maltese, LaSalle and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant New York City Housing Authority (hereinafter NYCHA), as owner, entered into a written agreement (hereinafter the agreement) with the defendant Masterpiece U.S., Inc. (hereinafter Masterpiece), as general contractor, for a window replacement project for a building located at 70 New Lane, Staten Island. Masterpiece entered into a subcontract...

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