Judgment unanimously affirmed with costs.
Memorandum:
On August 15, 1986, The Niagara Venture employed Vasile Construction Corp. (Vasile) as general contractor for construction of buildings, utilities and other facilities for the Niagara Splash Water Theme Park. Vasile subcontracted with Sicoli & Massaro, Inc. (Sicoli & Massaro) for the construction of underground utilities, including water and sewer lines. Sicoli &
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