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McGUIRE v. COUSAR PAINTING COMPANY

282 A.D.2d 906 (2001)

723 N.Y.S.2d 565

WELLIVER McGUIRE, Respondent, v. COUSAR PAINTING COMPANY, Appellant.

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

Decided April 19, 2001.

Rose, J.

This action for breach of a painting contract alleging, inter alia, overpayment for defendant's work and seeking damages in the amount of $301,384.21, was commenced after defendant allegedly abandoned the job without paying its employees' pension fund and certain suppliers, subcontractors and State and Federal taxes. On October 6, 1999, defendant's president, Thomas Cousar, was personally served with a summons...

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