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ESTATE OF APREA v. WILLETS POINT CONTRACTING CORP.

215 A.D.2d 708 (1995)

627 N.Y.S.2d 76

Estate of Gennaro Aprea et al., Plaintiffs, v. Willets Point Contracting Corp., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Andrew Catapano Enterprises, Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

May 30, 1995

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied with leave to renew in accordance herewith.

The defendant third-party plaintiff Willets Point Contracting Corp. (hereinafter Willets), the general contractor for a construction project, retained the third-party defendant Andrew Catapano Enterprises, Inc. (hereinafter Catapano), as a subcontractor to perform excavation and sewer work. Pursuant to its contract...

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