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DARIEN LAKE THEME PARK AND CAMPING RESORT, INC. v. CONTOUR ERECTION & SIDING SYSTEMS, INC.

16 A.D.3d 1055 (2005)

791 N.Y.S.2d 792

DARIEN LAKE THEME PARK AND CAMPING RESORT, INC., Respondent, v. CONTOUR ERECTION & SIDING SYSTEMS, INC., Appellant.

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

March 18, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in its entirety and as modified the order is affirmed without costs.

Memorandum:

Plaintiff contracted with defendant to construct a steel roller coaster at its theme park. After construction and during testing of the roller coaster trains, a train became stuck on the track. Upon plaintiff...

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