Syracuse Plaster Co. v. Agostini Bros. Building Corp.

Smith (E. N.), J.

The plaintiff brings the action as assignee of the Sherman Plastering Company, Inc., of a claim for work, labor and services and materials, performed or furnished to the defendant in the sum of $2,185.70. As assignee, the plaintiff stands, in these motions, in no different position than its assignor, the Sherman Plastering Company, Inc.

On or about the 3d of February, 1934, the defendant entered into a written contract with the State of New York for the construction of a cell block at the New York State Reformatory, Elmira, N. Y., and sublet certain items of the work under…