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WALLS v. TURNER CONSTRUCTION COMPANY

4 N.Y.3d 861 (2005)

831 N.E.2d 408

798 N.Y.S.2d 351

TIMOTHY WALLS et al., Respondents, v. TURNER CONSTRUCTION COMPANY, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Malapero & Prisco, New York City (Andrew L. Klauber and Frank J. Lombardo of counsel), for appellant.

Ferro Kuba Bloom Mangano Gacovino & Lake, P.C., and Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac and Brett I. Bloom of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and GRAFFEO concur in memorandum; Judge R.S. SMITH dissents and votes to reverse in an opinion in which Judges ROSENBLATT and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Turner Construction Company entered into a contract with the Massapequa Union Free School District to serve as its construction manager for capital improvement projects at several schools, including McKenna Elementary School. There was no general contractor on this job. As part of its contract...

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