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SCHULTZ CONST., INC. v. FRANBILT, INC.

14 A.D.3d 895 (2005)

788 N.Y.S.2d 490

SCHULTZ CONSTRUCTION, INC., Respondent-Appellant, v. FRANBILT, INC., Appellant-Respondent, and SJB SERVICES, INC., et al., Respondents. (And a Third-Party Action.)

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

January 20, 2005.

Mercure, J.P.

This is the fourth appeal before this Court arising from the Thruway Authority's disapproval of defendant Franbilt, Inc. as a subcontractor on a rehabilitation project of Lock C-4 on the Champlain Canal due to Franbilt's provision of grossly nonconforming gate leaves (see Franbilt, Inc. v New York State Thruway Auth., 290 A.D.2d 705 [2002]; Schultz Constr. v Franbilt, Inc., 285 A.D.2d...

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