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FERGUSON ELECTRIC COMPANY INC. v. KENDAL AT ITHACA, INC.

284 A.D.2d 643 (2001)

726 N.Y.S.2d 745

FERGUSON ELECTRIC COMPANY, INC., Plaintiff, v. KENDAL AT ITHACA, INC., et al., Respondents, and TOUGHER INDUSTRIES, INC., Appellant, et al., Defendants.

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

Decided June 7, 2001.

Crew III, J.

In July 1994, defendant Tougher Industries, Inc. entered into a subcontract with defendant Christa Construction, Inc. to perform certain plumbing and heating work for a retirement community project in the City of Ithaca, Tompkins County. In November 1996, plaintiff, another subcontractor on the project, commenced the instant action against, among others, Christa and Tougher seeking to recover on its mechanic's lien. Tougher answered and, insofar as is...

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