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LUBY v. ROTTERDAM SQUARE, L.P.

47 A.D.3d 1053 (2008)

850 N.Y.S.2d 252

THOMAS J. LUBY, Respondent, v. ROTTERDAM SQUARE, L.P., Respondent, and CLIFFORD H. QUAY & SONS, INC., Appellant, et al., Defendant.

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

Decided January 10, 2008.

Peters, J.

As part of the construction of the Rotterdam Mall in 1988 in the Town of Rotterdam, Schenectady County, defendant Clifford H. Quay & Sons, Inc. entered into a contract with defendant Rotterdam Square, L.P., which included, as here relevant, the construction of sidewalks and handicapped accessible ramps outside the mall. The contract directed that such construction be performed pursuant to the architectural plans drawn by defendant Marc Weissman &...

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