Appellate Division of the Supreme Court of the State of New York July 9, 2009 (Phoenix Corp. v. U.W. Marx, Inc.)

Stein, J.

Appeal from an order of the Supreipe Court (Doyle, J.), entered April 9, 2008 in Rensselaer County, upon a decision of the court in favor of plaintiff.

Plaintiff was hired as a subcontractor by defendant U.W. Marx, Inc. (hereinafter defendant) to install steel reinforcement on a fast-track construction project pursuant to a written subcontract executed by the parties.