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C.S. BEHLER, INC. v. DALY & ZILCH, INC.

277 A.D.2d 1002 (2000)

716 N.Y.S.2d 506

C.S. BEHLER, INC., Appellant, v. DALY & ZILCH, INC., Defendant, and WALTER & SCI CONSTRUCTION (USA), INC., et al., Respondents.

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

Decided November 13, 2000.

Order insofar as appealed from unanimously reversed on the law without costs, cross motion denied, complaint reinstated, motion granted in part and judgment ordered in accordance with the following Memorandum: Plaintiff commenced this action seeking to recoup $28,399.05 on the bond that discharged its mechanic's lien. Defendant Walter & SCI Construction (USA), Inc. (Walter & SCI), the general contractor on a public improvement project, subcontracted with defendant...

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