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RICHARDS PLUMBING & HEATING CO., INC. v. WASHINGTON GROUP INTERNATIONAL, INC.

59 A.D.3d 311 (2009)

___ N.Y.S.2d ___

RICHARDS PLUMBING & HEATING CO., INC., Plaintiff, v. WASHINGTON GROUP INTERNATIONAL, INC., et al., Defendants. WASHINGTON GROUP INTERNATIONAL, INC., Third-Party Plaintiff-Appellant, v. OFFICE FOR ARCHITECTURE, PLANNING, DESIGN, P.C., et al., Third-Party Defendants-Respondents.

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

Decided February 24, 2009.

This action arises out of a dispute concerning construction of a retirement facility owned by defendant the Home for the Aged for the Little Sisters of the Poor of the City of New York (owner). Pursuant to separate contracts with the owner, third-party plaintiff was the construction manager on the project and third-party defendants were the architect.

Plaintiff subcontractor brought an action against the construction manager and owner alleging nonpayment for work...

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