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SIMMONS MACH. TOOL CORP. v. SKANSKA ECCO III JV

2021-02931. Index No. 450784/19. Appeal No. 14705. Case No. 2020-04541.

199 A.D.3d 618 (2021)

154 N.Y.S.3d 757

2021 NY Slip Op 06660

Simmons Machine Tool Corporation, Appellant, v. Skanska ECCO III JV, Also Known as Skanska USA Civil Northeast Inc., et al., Respondents.

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

Tabner, Ryan & Keniry, LLP, Albany ( Brian M. Quinn of counsel), for appellant.

Mark L. Cortegiano , Middle Village, for Skanska Ecco III JV, respondent.

Susan Sarch , New York ( Jennifer A. Mustes of counsel), for Metro-North Commuter Railroad Company, respondent.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

In September 2014, defendant Metro-North Commuter Railroad Company (MNR) and defendant Skanska ECCO III JV also known as Skanska USA Civil Northeast Inc. (Skanska) contracted to have Skanska render labor, services, and materials for an MNR project, including the manufacture and installation of two wheel boring machines. In May 2016, Skanska subcontracted with plaintiff Simmons Machine Tool Corporation to have Simmons manufacture and install the two wheel boring machines....

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