CORTLAND PUMP & EQUIP. CO. v. COOTS


168 A.D.2d 814 (1990)

Cortland Pump & Equipment Company, Respondent, v. Homer Coots, Individually and Doing Business as Homer Coots Masonry, Appellant. (And a Third-Party Action.)

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

December 20, 1990


Levine, J.

In December 1985, defendant was hired by plaintiff, a contractor, to perform certain masonry work as part of a renovation project at a gas station located in Cortland County. The work done by defendant entailed the construction of concrete pads in the area adjacent to the station's service islands. Shortly after the construction was completed and the station reopened, a leak was discovered in one of the fiberglass

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