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ENTECH ENGINEERING, P.C. v. LEON D. DeMATTEIS CONSTRUCTION CORP.

651219/14, 10081B, 10081A, 10081.

176 A.D.3d 500 (2019)

110 N.Y.S.3d 662

2019 NY Slip Op 07366

Entech Engineering, P.C., Respondent, v. Leon D. DeMatteis Construction Corp., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 15, 2019.

Attorney(s) appearing for the Case

Westermann Sheehy Keenan Samaan & Aydelott, LLP, East Meadow (Christopher J. Sheehy of counsel), for appellant.

Nicoletti Gonson Spinner Ryan Gulino Pinter LLP, New York (Benjamin N. Gonson of counsel), for respondent.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.

Defendant New York City School Construction Authority (SCA) contracted with defendant DeMatteis, a general contractor, which contracted with plaintiff for safety management services. Unbeknownst to DeMatteis, plaintiff contracted with a sub-subcontractor to perform the safety services, at an agreed hourly rate lower than its own rate under the subcontract. The subcontract provides that payment by DeMatteis to plaintiff is "`Reimbursable...

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