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STRUCTURE TONE, INC. v. UNIVERSAL SERVICES GROUP, LTD.

5221, 106810/06, 590800/06, 590580/08

87 A.D.3d 909 (2011)

929 N.Y.S.2d 242

2011 NY Slip Op 6459

STRUCTURE TONE, INC., Respondent, v. UNIVERSAL SERVICES GROUP, LTD., Appellant. UNIVERSAL SERVICES GROUP, LTD., Third-Party Plaintiff-Appellant, v. PACE PLUMBING CORP. et al., Third-Party Defendants-Respondents. UNIVERSAL SERVICES GROUP, LTD., Second Third-Party Plaintiff-Appellant, v. PREPCRETE, INC., Second Third-Party Defendant-Respondent.

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

Decided September 15, 2011.

This action arises out of the construction of a Whole Foods market on the concourse of the AOL/Time Warner Center at Columbus Circle in Manhattan. Plaintiff Structure Tone, Inc. (STI), the general contractor for the work, retained USG to waterproof the market. The agreement provided that USG would be liable to STI for any damages incurred as a consequence of the failure by USG to comply with its obligations under the agreement. In the event that USG failed to promptly correct...

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