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DIGESARE MECH., INC. v. U.W. MARX, INC.

527775.

176 A.D.3d 1449 (2019)

112 N.Y.S.3d 306

2019 NY Slip Op 07668

Digesare Mechanical, Inc., Appellant, v. U.W. Marx, Inc., et al., Respondents.

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

Decided October 24, 2019.

Attorney(s) appearing for the Case

Couch Dale Marshall PC, Latham (Mark W. Couch of counsel), for appellant.

Mastropietro Law Group, PLLC, Saratoga Springs (Nathan C. Woodward of counsel), for respondents.

Lynch, Mulvey and Devine, JJ., concur.

Defendant U.W. Marx, Inc. (hereinafter Marx) was the contractor to the Dormitory Authority of the State of New York (hereinafter DASNY) on a public improvement project for the construction of a residence hall. In 2013, Marx hired plaintiff as a subcontractor pursuant to a written agreement (hereinafter the subcontractor agreement). Defendant...

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