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FACILITIES DEV. v. MILETTA

180 A.D.2d 97 (1992)

Facilities Development Corporation, Respondent, v. Silvio Miletta, Defendant and Third-Party Plaintiff-Respondent-Appellant, and Detroit Stoker Company, Respondent-Appellant. Mechanical Construction Corporation, Third-Party Defendant-Appellant-Respondent

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

May 14, 1992

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Case (Mary Ann D. Allen of counsel), for third-party defendant-appellant-respondent.

Roemer & Featherstonhaugh, P. C. (Matthew J. Kelly of counsel), for respondent-appellant.

Donohue, Sabo, Varley & Armstrong, P. C. (Fred J. Hutchison of counsel), for defendant and third-party plaintiff-respondent-appellant.

Robert Abrams, Attorney-General (Michael S. Buskus, Denise A. Hartman and Peter G. Crary of counsel), for respondent.

MERCURE, J. P., CREW III, MAHONEY and HARVEY, JJ., concur.

CASEY, J.

Plaintiff entered into a contract with Silvio Miletta, an engineer, to design and supervise the rehabilitation of a heating plant at one of plaintiff's facilities. Plaintiff thereafter contracted with Mechanical Construction Corporation (hereinafter Mechanical) to act as general contractor for the rehabilitation project. Mechanical entered into a subcontract...

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