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PERRON v. HENDRICKSON/SCALAMANDRE/POSILLICO (TV)

292 A.D.2d 361 (2002)

739 N.Y.S.2d 402

DAVID PERRON et al., Plaintiffs, v. HENDRICKSON/ SCALAMANDRE/POSILLICO (TV), Appellant, ESCHBACHER & ASSOCIATES et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided March 4, 2002.

Ordered that the order is reversed, on the law, with costs, and the motions are denied.

The facts in this appeal are the same as those set forth in a related appeal (see, Perron v Hendrickson/Scalamandre/Posillico [TV], 283 A.D.2d 627). The defendant Hendrickson/ Scalamdre/Posillico (TV) (hereinafter HSP) was the general contractor on a construction project for the New York Department of Transportation (hereinafter the DOT...

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