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DE LUKE v. CITY OF ALBANY

27 A.D.3d 925 (2006)

810 N.Y.S.2d 581

THOMAS DE LUKE et al., Respondents-Appellants, v. CITY OF ALBANY, Appellant-Respondent, GALLO CONSTRUCTION CORPORATION, Respondent-Appellant, and RAYBEN ENTERPRISES, INC., Respondent.

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

March 16, 2006.

Kane, J.

Defendant City of Albany entered into a contract with defendant Gallo Construction Corporation for Gallo to make various improvements to a city-owned building. Gallo subcontracted with defendant Rayben Enterprises, Inc. for flooring work, including the installation of rubber stair treads. After Rayben completed the flooring, a city inspector approved the work, including the stair treads. The City did not contact...

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