In Buxton Mfg. Co., Inc. v. Valiant Moving & Storage, Inc., 239 AD2d 452 (2nd Dept 1997) the plaintiff claims that without the false representation in the progress payment certification, the Department of Agriculture would not have made payment to Valiant but would have withheld an amount sufficient to pay the plaintiff's outstanding claim (Buxton Mfg. Co., Inc., 239 AD2d at 453). The Appellate Division did not dismiss the complaint where a manufacturer sued a government contractor to recover an amount due under a contract for heat exchangers and asserted a cause of action against the contractor's vice president for fraud based on allegations that the vice president, signed and sent to the Department of Agriculture, a non-party, a "progress payment certification" on the project which represented that all subcontractors and suppliers had been paid including the manufacturer, plaintiff (id.).