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PINNACLE CONSTRUCTION, INC. v. CITY OF SYRACUSE

35 A.D.3d 1204 (2006)

825 N.Y.S.2d 405

PINNACLE CONSTRUCTION, INC., Appellant, v. CITY OF SYRACUSE, Respondent and Third-Party Plaintiff-Respondent. CLOUGH HARBOUR & ASSOCIATES, LLP, Third-Party Defendant-Respondent-Appellant.

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

Decided December 22, 2006.

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

Memorandum:

Plaintiff commenced this action to recover sums allegedly due for additional work performed in the removal and reinstallation of a booster pump station in defendant, City of Syracuse (City). The City then commenced a third-party action seeking, inter alia, contractual indemnification from third-party defendant, the engineering firm...

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