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KINGSLEY ARMS, INC. v. SANO RUBIN CONSTRUCTION COMPANY, INC.

16 A.D.3d 813 (2005)

791 N.Y.S.2d 196

KINGSLEY ARMS, INC., Respondent, v. SANO RUBIN CONSTRUCTION COMPANY, INC., Appellant, et al., Defendant.

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

March 10, 2005.

Peters, J.

Defendant Sano Rubin Construction Company, Inc. (hereinafter defendant) is a construction manager and general contractor which was hired by defendant Beechwood, Inc. to manage the construction of a project known as the Glen Eddy Retirement Community in the Town of Niskayuna, Schenectady County. Defendant subcontracted with plaintiff for excavation and site work. Although the subcontract provided that plaintiff's work

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