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MATTER OF ENERGY SERVICES, INC. v. ENERGYPRO CONSTRUCTION PARTNERS

276 A.D.2d 792 (2000)

714 N.Y.S.2d 764

In the Matter of ENERGY SERVICES, INC., Respondent, v. ENERGYPRO CONSTRUCTION PARTNERS, Appellant.

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

Decided October 30, 2000.

Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, upon reargument, the determination in the order and judgment dated May 12, 1999, is adhered to, and the order and judgment is reinstated.

The petitioner Energy Services, Inc. (hereinafter ESI), was contractually obligated to provide "as-built drawings" after the completion of the project and after the "units are accepted by...

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