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ALLEN v. TELERGY NETWORK SERVICES, INC.

52 A.D.3d 1094 (2008)

860 N.Y.S.2d 299

LUC D. ALLEN et al., Appellants, v. TELERGY NETWORK SERVICES, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. MARAIS TRENCHING, INC., Third-Party Defendant-Respondent.

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

Decided June 19, 2008.

Malone Jr., J.

In 1999, defendant Telergy Network Services, Inc. obtained a highway work permit from the Department of Transportation to lay fiber optic cable along Interstate 87 in various counties in the northeastern part of the state. In connection therewith, Telergy retained defendant Mastec North America, Inc., doing business as Wilde Construction (hereinafter referred to as Wilde), as the general contractor for the project. Wilde, in turn, hired third-party...

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