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HARTFORD FIRE INSURANCE COMPANY v. REGENERATIVE BUILDING CONSTRUCTION, INC.

271 A.D.2d 862 (2000)

706 N.Y.S.2d 236

HARTFORD FIRE INSURANCE COMPANY, as Subrogee of LAWRENCE MARCELLE, Respondent, v. REGENERATIVE BUILDING CONSTRUCTION, INC., et al., Defendants, and ALLTEK ENERGY SYSTEMS, INC., Appellant.

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

Decided April 20, 2000.

Cardona, P. J.

Lawrence Marcelle retained defendant Regenerative Building Construction, Inc., a general contractor, to construct a new home in Saratoga County. Regenerative, in turn, subcontracted with defendant Alltek Energy Systems, Inc. to design and install the heating, air conditioning and ventilation system. Construction of the home was completed in August 1992. In January 1994, while Marcelle was out of town, water pipes in the basement of the residence apparently...

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