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BELLEVUE SOUTH ASSOCS. v. HRH CONSTR. CORP.

160 A.D.2d 189 (1990)

Bellevue South Associates, Respondent, v. HRH Construction Corporation et al., Respondents. Circle Industries Corporation, Appellant and Third-Party Plaintiff-Appellant, and Masonite Corporation, Appellant and Third-Party Defendant-Respondent

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

April 3, 1990

Plaintiff retained HRH Construction Corporation and HRH Equity Corporation, predecessors of defendant City Development Corporation (collectively HRH), to construct a residential housing complex in Manhattan. HRH, which acted as general contractor, sublet the installation of wood parquet floor tiles to defendant Circle Industries Corp. (Circle). Although the contract specified a particular brand of foam-backed tiles, Circle successfully prevailed upon plaintiff to accept,...

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