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ADIRONDACK COMBUSTION TECHNOLOGIES, INC. v. UNICONTROL, INC.

17 A.D.3d 825 (2005)

793 N.Y.S.2d 576

ADIRONDACK COMBUSTION TECHNOLOGIES, INC., Respondent, v. UNICONTROL, INC., Appellant.

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

April 14, 2005.

Mercure, J.P.

Plaintiff was a subcontractor to nonparty Albany Specialties, Inc. on a boiler repair project at the SUNY New Paltz power plant. Plaintiff was also defendant's sales representative, and brokered the sale of a controller device manufactured by defendant to Albany Specialties. Plaintiff installed the controller device into a boiler at SUNY New Paltz and, during a commission test of the boiler by plaintiff, the controller device failed to perform as expected...

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