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BAKER, JR. v. SWEET ASSOCIATES, INC.

278 A.D.2d 615 (2000)

717 N.Y.S.2d 426

RAYMOND M. BAKER, JR., et al., Plaintiffs, v. SWEET ASSOCIATES, INC., et al., Defendants, and SMITH & MAHONEY, P. C., Defendant and Third-Party Plaintiff-Appellant. MOISTURE BARRIERS, INC., Third-Party Defendant-Respondent.

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

Decided December 14, 2000.

Cardona, P. J.

In October 1995, defendant Albany Water Board (hereinafter the Board) entered into a construction contract with defendant Sweet Associates, Inc. for the rehabilitation of the Feura Bush Filtration Plant owned by it and defendant City of Albany. Sweet was retained as the general contractor to, inter alia, repair thousands of concrete panels underlying the roof which were cracked and spalled as well as to replace the outer roof membrane. Defendant...

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