MILLER v. LARKIN

523828.

149 A.D.3d 1240 (2017)

2017 NY Slip Op 02720

51 N.Y.S.3d 684

EVAN B. MILLER, Plaintiff, v. MARILYN LARKIN, as Executor of the Estate of JOHN P. LARKIN, Defendant and Third-Party Plaintiff-Respondent. HERITAGE ENVIRONMENTAL PROJECTS, INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 6, 2017.


In 2004, John P. Larkin, then owner of Larkin Realty, entered into a written "restoration agreement" with third-party defendant, Heritage Environmental Projects, Inc., to perform lead abatement work to convert a former ROTC building into apartment units. The project was conducted in four phases, with 15 apartment units to be completed...

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