ANIMAL PROTECTIVE FOUNDATION OF SCHENECTADY, INC. v. BAST HATFIELD, INC.


306 A.D.2d 683 (2003)

762 N.Y.S.2d 136

ANIMAL PROTECTIVE FOUNDATION OF SCHENECTADY, INC., Respondent, v. BAST HATFIELD, INC., Appellant.

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

Decided June 12, 2003.


Kane, J.

On May 5, 1993, the parties entered into a contract for defendant to construct plaintiff's new animal shelter facility. Plaintiff hired James Cullen, a certified architect, to oversee the project, draw up design plans, and conduct regular inspections of the work site. Plaintiff's executive director, Gordon Willard, served as the clerk of the works for the project. Willard attended construction meetings, served as a liaison between the parties, observed daily...

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