Fiberglass Fabricators, Inc. v. C.O. Falter Construction Corp.

Appeal from a judgment of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 23, 2012. The judgment awarded money damages to defendant C.O. Falter Construction Corp. after a nonjury trial.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: C.O. Falter Construction Corp. (defendant), the general contractor on a public improvement project, hired plaintiff to supply fiberglass reinforced plastic (FRP) products for the project. Defendant refused to pay plaintiffs final invoice on the ground that a number of products…