American Boiler Tank & Welding Co. v. Beloit Corp.

Appeal from a judgment of the Supreme Court (Cheeseman, J.), entered March 7, 1991 in Albany County, upon a decision of the court in favor of plaintiff.

In January 1989, plaintiff and defendant contracted to have plaintiff construct a steel pulper tank for use in defendant’s paper producing business. To this end, defendant provided plaintiff with specifications for the tank, which included certain welding qualifications and called for passivation or acid cleaning of the tank. Construction was apparently completed, without passivation, and in April 1989 plaintiff asked defendant to make a final…