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FERNANDEZ v. 707, INC.

24109/06, 4724, 4724A.

85 A.D.3d 539 (2011)

926 N.Y.S.2d 408

2011 NY Slip Op 5180

JOSE FERNANDEZ, Appellant-Respondent, v. 707, INC., Respondent, and BILTMORE CONTRACTING, INC., Respondent-Appellant.

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

Decided June 16, 2011.

707, Inc. (707) obtained a "Builder's Pavement Plan" permit from the New York City Department of Transportation, dated May 3, 2006, to rebuild the sidewalks abutting its Bruckner Boulevard property. By its agent Hagivah, 707 hired Biltmore to perform the work, instructing Biltmore to leave specified sections of the sidewalk open to accommodate tree wells. 707 also obtained a tree planting permit from the New York City Department of Parks & Recreation and hired another...

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