Marcy Excavation Co. v. City of Auburn

Appellate Division of the Supreme Court of New York

Marcy Excavation Co. v. City of Auburn

201 A.D.2d 908, 610 N.Y.S.2d 901, 1994 N.Y. App. Div. LEXIS 2079

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1994·Published

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for an order directing defendant to release sums allegedly due under the parties’ contract. Plaintiff failed to establish its entitlement to the retainage under either General Municipal Law § 106-b (1) or the contract. (Appeal from Order of Supreme Court, Cayuga County, Corning, J. — Breach of Contract.) Present — Callahan, J. P., Green, Doerr and Boehm, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for an order directing defendant to release sums allegedly due under the parties’ contract. Plaintiff failed to establish its entitlement to the retainage under either General Municipal Law § 106-b (1) or the contract. (Appeal from Order of Supreme Court, Cayuga County, Corning, J. — Breach of Contract.) Present — Callahan, J. P., Green, Doerr and Boehm, JJ.

Marcy Excavation Co. v. City of Auburn, 201 A.D.2d 908, 610 N.Y.S.2d 901, 1994 N.Y. App. Div. LEXIS 2079 (N.Y. Ct. App. 1994).

Pincite

201 A.D.2d 908 (Marcy Excavation Co. v. City of Auburn) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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