PADILLA v. FRANCES SCHERVIER HOUSING DEVELOPMENT FUND CORPORATION


303 A.D.2d 194 (2003)

758 N.Y.S.2d 3

JOSE PADILLA, Appellant, v. FRANCES SCHERVIER HOUSING DEVELOPMENT FUND CORPORATION, Doing Business as FRANCES SCHERVIER HOME AND HOSPITAL, Defendant and Third-Party Plaintiff-Respondent. HUMPHREYS & HARDING, INC., Third-Party Defendant-Respondent.

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

Decided March 11, 2003.


Defendant and third-party plaintiff Frances Schervier Housing Development Fund Corporation (hereinafter defendant owner) owns a parcel of property at 2975 Independence Avenue in the Bronx (hereinafter the premises). In 1997, defendant owner entered into a contract with third-party defendant Humphreys & Harding, Inc. (hereinafter Humphreys & Harding) to renovate and expand its nursing home facility located on the premises...

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