Marcy Excavation Co., Inc. v. City of Auburn

Full title: MARCY EXCAVATION COMPANY, INC., Appellant, v. CITY OF AUBURN, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 4, 1994

201 A.D.2d 908 (N.Y. App. Div. 1994)

610 N.Y.S.2d 901

Opinion

February 4, 1994

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Callahan, J.P., Green, Doerr and Boehm, JJ.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff's motion for an order directing defendant to release sums allegedly due under the parties' contract. Plaintiff failed to establish its entitlement to the retainage under either General Municipal Law § 106-b (1) or the contract.