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ALBANY INSURANCE COMPANY v. GRECO BROS. READY MIX CONCRETE CO., INC.

288 A.D.2d 333 (2001)

733 N.Y.S.2d 466

ALBANY INSURANCE COMPANY, as Subrogee of BAY CRANE SERVICE, INC., Respondent, v. GRECO BROS. READY MIX CONCRETE CO., INC., Doing Business as GRECO BROS. BUILDING MATERIALS, Appellant, et al., Defendant.

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

Decided November 19, 2001.

Ordered that the order is affirmed, with costs.

In November 1997 the defendant Greco Bros. Ready Mix Concrete Co., Inc., d/b/a Greco Bros. Building Materials (hereinafter Greco Bros.), rented a hydraulic crane from Bay Crane Service, Inc. (hereinafter Bay Crane). Pursuant to the rental agreement, Greco Bros. was required to procure insurance and to return the equipment in as good condition as received. Greco Bros. also agreed, pursuant to the agreement, to hire a...

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