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PARK SIDE CONSTRUCTION CONTRACTORS, INC. v. BRYAN'S QUALITY PLUS, LLC

2016-10331. Index No. 600492/14.

156 A.D.3d 804 (2017)

68 N.Y.S.3d 90

2017 NY Slip Op 08838

PARK SIDE CONSTRUCTION CONTRACTORS, INC., Respondent, v. BRYAN'S QUALITY PLUS, LLC, Defendant/Third-Party Plaintiff-Appellant, and ROSSANA STORANI et al., Appellants. DARWIN NATIONAL ASSURANCE COMPANY et al., Third-Party Defendants-Respondents.

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

Decided December 20, 2017.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

This action arises out of contractual disputes pertaining to two construction projects. In May 2013, Park Side Construction Contractors, Inc. (hereinafter Park Side), entered into subcontracts with Bryan's Quality Plus, LLC (hereinafter BQP), a "piling contractor," for drilling services at a construction site in Brooklyn and another in Manhattan.

In the middle of drilling at the Brooklyn...

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