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SCEKIC v. SL GREEN REALTY CORP.

13386/10 5742 590275/11 590815/11 590948/12 5741.

159 A.D.3d 442 (2018)

71 N.Y.S.3d 483

2018 NY Slip Op 01426

ZORAN SCEKIC et al., Plaintiffs, v. SL GREEN REALTY CORP. et al., Defendants. STRUCTURE TONE, INC., Third-Party Plaintiff-Appellant/Second Third-Party Plaintiff-Appellant/Third Third-Party Plaintiff-Appellant, v. REACT INDUSTRIES, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant/Third Third-Party Defendant. SL GREEN REALTY CORP., Second Third-Party Plaintiff, v. FRP SHEET METAL CONTRACTING CORP., Second Third-Party Defendant-Respondent. SL GREEN REALTY CORP. et al., Third Third-Party Plaintiffs, v. REACT INDUSTRIES, INC., et al., Third Third-Party Defendants-Respondents.

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

Decided March 6, 2018.

The purchase orders issued by Structure Tone to FRP and by FRP to React establish that Structure Tone subcontracted all the HVAC work to FRP, which sub-subcontracted the mechanical portion of that work to React. The jury's express and implicit findings that there were contractual agreements between Structure Tone and FRP and between FRP and React, but none between Structure Tone and React, are consistent with the "long-established...

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