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HOSMER v. KUBRICKY CONSTRUCTION CORPORATION

512077.

88 A.D.3d 1234 (2011)

931 N.Y.S.2d 738

2011 NY Slip Op 7559

WILLIAM HOSMER et al., Plaintiffs, v. KUBRICKY CONSTRUCTION CORPORATION, Appellant, and TOWN OF FORT ANN, Respondent, et al., Defendants. (And 13 Other Related Actions.).

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

Decided October 27, 2011.

STEIN, J.

Defendant Town of Fort Ann owns and operates the Hadlock Pond Dam located in the Town of Fort Ann, Washington County. The Town commenced a reconstruction project in September 2004 after finding deficiencies in the dam's spillway. The Town retained defendant HTE Northeast, Inc. to design the reconstructed spillway, defendant Kubricky Construction Corporation to construct it and defendant Atlantic Testing Laboratories, Ltd. to test the materials used in the...

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