Bonded Concrete, Inc. v. Audino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from that part of an order of the Supreme Court (Ceresia, Jr., J.), entered September 18, 1996 in Albany County, which denied a motion by defendant Daniel J. Estep Builders, Inc. to vacate a default judgment entered against it.
In November 1991, defendant Cosimo Audino contracted with defendant Daniel J. Estep Builders, Inc. (hereinafter Estep) for the construction and improvement of a shopping center owned by Audino located on Western Avenue in the City of Albany. *648Estep, in turn, entered into a contract with plaintiff Bonded Concrete, Inc. and plaintiff Troy Sand & Gravel Company, Inc.…
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