Massachusetts District Court, Appellate Division October 19, 2011 (New Kappa City Construction, Inc. v. National Floor Direct Inc.)

Hand, J.

Appellant National Floors Direct Inc. (“National Floors”) sells carpeting and flooring products. Appellee New Kappa City Construction, Inc. (“New Kappa”) is a flooring subcontractor. According to the facts found by the trial judge, between December, 2007 and late February, 2008, New Kappa performed 81 carpeting or flooring installation projects for National Floors.