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LOPEZ v. 14TH STREET DEVELOPMENT, LLC

40 A.D.3d 313 (2007)

835 N.Y.S.2d 186

JOHN LOPEZ, Plaintiff, v. 14TH STREET DEVELOPMENT, LLC, et al., Defendants, and KENNETH BANTA et al., Appellants and Third-Party Plaintiffs. KELLERAN & ASSOCIATES INC., Third-Party Defendant-Respondent.

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

Decided May 10, 2007.

In January 2001, appellants Kenneth Banta and Anthony Powe, the owners of a condominium unit, engaged respondent Kelleran & Associates to perform renovation work on the premises. The parties entered into a written contract incorporating the general conditions for construction contracts of the American Institute of Architects (AIA Document A201). Plaintiff John Lopez, who was employed by Kelleran, commenced this action in July 2004 alleging that he sustained injury in...

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