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BRIAR CONTRACTING CORP. v. CITY OF NEW YORK

156 A.D.2d 628 (1989)

Briar Contracting Corporation, Plaintiff and Third-Party Plaintiff-Appellant, v. City of New York, Defendant. Ammann & Whitney, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 1989

Ordered that the order is affirmed, with costs.

This action arises out of a sewer construction and rehabilitation project undertaken by the City of New York. The city through its Department of Environmental Protection (hereinafter the DEP) retained the plaintiff, the Briar Contracting Corporation (hereinafter Briar), as the general contractor on the project. The third-party defendant Ammann & Whitney (hereinafter A ...

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