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NENNI EQUIP. CORP. v. MASSA CONSTR., INC.

2016-13303. Index No. 1720/12.

178 A.D.3d 711 (2019)

113 N.Y.S.3d 731

2019 NY Slip Op 08681

Nenni Equipment Corp., Respondent, v. Massa Construction, Inc., Appellant, et al., Defendant.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Sheats & Bailey, PLLC, Brewerton, NY (Jason B. Bailey of counsel), for appellant.

Rivera, J.P., Cohen, Miller and Hinds-Radix, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

The defendant Massa Construction, Inc. (hereinafter the defendant), was the general contractor for the construction of a firing range at Fishkill Correctional Facility, a public works construction project (hereinafter the project) for the New York State Office of General Services (hereinafter OGS). The defendant entered into a subcontract with the plaintiff for earthwork on the project.

The...

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