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HOJOHN v. BELTRONE CONSTR. CO., INC.

255 A.D.2d 658 (1998)

679 N.Y.S.2d 462

Eugenia Hojohn, as Executor of Charles D. Hojohn, Deceased, Respondent, v. Beltrone Construction Company, Inc., Appellant, and CNY Equipment Rental & Sales, Doing Business as Taylor Rental, Defendant and Third-Party Plaintiff-Appellant. Quality Painters & Decorators, Inc., Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

November 5, 1998

Spain, J.

In 1994 defendant Beltrone Construction Company, Inc. contracted with the State to perform construction work located at the State Office Campus in the City of Albany on a building intended to house the State Police Forensic Investigation Laboratory. Although Beltrone denies it was hired as the general contractor, it concedes that at a minimum it served in the capacity of a prime contractor. Beltrone subcontracted with third-party defendant,...

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