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MARIACHER CONTRACTING CO., INC. v. KIRST CONSTR., INC.

187 A.D.2d 986 (1992)

Mariacher Contracting Company, Inc., Respondent, v. Kirst Construction, Inc., Respondent, and Niagara Frontier Transit Authority, Appellant

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

November 18, 1992

Judgment unanimously reversed on the law without costs and complaint against defendant Niagara Frontier Transit Authority dismissed.

Memorandum:

In July 1985, plaintiff Mariacher Contracting Company, Inc., subcontracted with defendant Kirst Construction, Inc., the general contractor, for the site work at the Buffalo Small Boat Harbor, owned by defendant Niagara Frontier Transit Authority (NFTA). On December 2, 1985, a severe storm hit the Buffalo area causing...

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