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CROWTHER v. CITY OF NEW YORK

262 A.D.2d 519 (1999)

692 N.Y.S.2d 439

JOSEPH CROWTHER, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY et al., Appellants.

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

Decided June 21, 1999.

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

Nonparty Delta Testing Laboratories (hereinafter Delta) was retained by the defendant HRH Construction Co., the construction manager, to inspect the steel work and fireproofing at a construction project. The plaintiff, a Delta employee, went to the construction site to inspect steel columns for rust, dirt, or other materials which might prevent fireproofing from adhering to the steel surface...

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