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EDGEWATER CONSTRUCTION CO., INC. v. 81 & 3 OF WATERTOWN, INC.

24 A.D.3d 1229 (2005)

806 N.Y.S.2d 817

EDGEWATER CONSTRUCTION CO., INC., Respondent-Appellant, v. 81 & 3 OF WATERTOWN, INC., et al., Defendants, MARY RIPPER, Appellant-Respondent, and BELLA VISTA GROUP, INC., Respondent. (Appeal No. 2.)

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

December 22, 2005.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff, Edgewater Construction Co., Inc., (Edgewater), commenced this action seeking to recover the cost of rebuilding a foundation wall during the construction of a Sam's Wholesale Club for Wal-Mart Stores, Inc. (Wal-Mart). Defendant

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