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FAHS ROLSTON PAVING CORPORATION v. COUNTY OF CHEMUNG

43 A.D.3d 1192 (2007)

841 N.Y.S.2d 404

FAHS ROLSTON PAVING CORPORATION, Respondent-Appellant, v. COUNTY OF CHEMUNG, Defendant and Third-Party Plaintiff-Appellant-Respondent. McFARLAND-JOHNSON, INC., Third-Party Defendant-Appellant.

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

Decided September 6, 2007.

Rose, J.

Pursuant to a written contract with defendant, plaintiff agreed to reconstruct taxiways and runways at the Elmira/ Corning Regional Airport. Third-party defendant, McFarland-Johnson, Inc. (hereinafter MFJ), an engineering firm, designed and supervised the project. Before reconstruction of one of the work areas began, the parties executed a change order providing that, rather than excavate the existing pavement, plaintiff would mill it and then apply new pavement...

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