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LHV PRECAST, INC. v. WOODSTOCK LAWN & HOME MAINTENANCE

296 A.D.2d 736 (2002)

744 N.Y.S.2d 915

LHV PRECAST, INC., et al., Plaintiffs, v. WOODSTOCK LAWN & HOME MAINTENANCE et al., Defendants, and S & R COMPANY OF KINGSTON, Appellant, and JOSEPH HOMMEL, JR., Respondent.

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

Decided July 18, 2002.

Lahtinen, J.

Defendant S & R Company of Kingston (hereinafter S & R) contracted with defendant Woodstock Lawn & Home Maintenance (hereinafter Woodstock) to act as general contractor in the construction of a Wal-Mart on property owned by S & R. Woodstock then contracted with plaintiffs and other suppliers of material and services, including defendant Joseph Hommel, Jr., who agreed to provide "trucking service[s]" for the hauling and dumping of materials...

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