ALLSTATE POWER-VAC, INC. v. FCE INDUSTRIES, LTD.


282 A.D.2d 414 (2001)

722 N.Y.S.2d 401

ALLSTATE POWER-VAC, INC., Appellant, v. FCE INDUSTRIES, LTD., Doing Business as GMD SHIPYARD, Respondent.

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

Decided April 2, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the counterclaim is severed.

The appellant, a company which removes and disposes of waste materials, rendered such services to the respondent, the operator of a ship repair facility at the Brooklyn Navy Yard, which is owned by the Brooklyn Navy Yard Development Corporation (hereinafter the BNYDC). The respondent employed the appellant during an improvement...

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