Maines Paper & Food Service, Inc. v. Losco Group, Inc.

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered September 6, 2005 in Broome County, which, inter alia, granted defendant’s motion to vacate a default judgment entered against it.

Defendant, the general contractor on a school reconstruction project, subcontracted with plaintiff to furnish, deliver and install food service equipment. Plaintiff completed the work contracted for and received payment from defendant in the amount of the agreed-upon price minus a 10% retainage fee which was provided for in the subcontract. Plaintiff thereafter commenced this action to recover…