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AMERICAN REF-FUEL COMPANY OF HEMPSTEAD v. RESOURCE RECYCLING, INC.

307 A.D.2d 939 (2003)

763 N.Y.S.2d 657

AMERICAN REF-FUEL COMPANY OF HEMPSTEAD, Plaintiff, v. RESOURCE RECYCLING, INC., et al., Defendants, HOME INSURANCE COMPANY OF ILLINOIS et al., Respondents, and UNIVERSAL WELDING & ENGINEERING et al., Appellants.

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

Decided August 11, 2003.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

On or about September 4, 1993, the plaintiff, American Ref-Fuel Company of Hempstead (hereinafter American) hired the defendant Resource Recycling, Inc. (hereinafter Resource), to design and install a new ferrous recovery system at its plant in Westbury. Shortly thereafter, Resource entered into a subcontract...

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