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HARTLEY v. CITY OF NEW YORK

228 A.D.2d 646 (1996)

646 N.Y.S.2d 351

James Hartley et al., Plaintiffs, v. City of New York et al., Defendants, and Healy Tibbitts Construction Co., Inc., Defendant and Third-Party Plaintiff-Respondent. MVN Associates, Inc., Third-Party Defendant-Appellant

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

June 24, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant third-party plaintiff Healy Tibbitts Construction Company (hereinafter Healy) contracted with the City of New York to install an outfall sewer project in Brooklyn, New York. Pursuant to the contract, Healy contracted with the third-party defendant MVN Associates, Inc. (hereinafter MVN), to perform certain underwater diving services. The...

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