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VARGAS v. NEW YORK CITY TRANSIT AUTHORITY

54 A.D.3d 579 (2008)

863 N.Y.S.2d 426

RAMON VARGAS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent-Appellant. NEW YORK CITY TRANSIT AUTHORITY, Third-Party Plaintiff-Respondent-Appellant, v. HALMAR BUILDERS OF NEW YORK, Third-Party Defendant-Appellant-Respondent. GRANITE HALMAR CONSTRUCTION COMPANY, INC., Formerly Known as HALMAR BUILDERS OF NEW YORK, INC., Second Third-Party Plaintiff-Appellant-Respondent, v. GRAND MECHANICAL CORP. et al., Second Third-Party Defendants-Respondents, and ATLANTIC ROLLING STEEL DOOR CORP., Second Third-Party Defendant-Respondent-Appellant.

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

September 9, 2008.

The subject incident occurred in the course of the construction of a bus maintenance facility owned by NYCTA. Granite, the project's general contractor, hired Grand Mechanical as the HVAC subcontractor. Grand Mechanical hired Miller Proctor to commission, or start up, the facility's boilers. In March 2001, after the boilers had been commissioned, Grand Mechanical called Miller Proctor to address a leak in one of them. Plaintiff, the Miller Proctor employee sent to respond...

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