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GARGAN v. PALATELLA SAROS BLDRS. GROUP, INC.

2015-08781. Index No. 602876/13.

162 A.D.3d 988 (2018)

78 N.Y.S.3d 415

2018 NY Slip Op 04701

John Gargan et al., Appellants, v. Palatella Saros Builders Group, Inc., Respondent.

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

Decided June 27, 2018.

Ordered that the order is affirmed, with costs.

In July 2010, the defendant entered into a contract to build a two-story home in Cold Spring Harbor. Peter Saros, the vice president of the defendant, testified at a deposition that nonparty Kleet Lumber (hereinafter Kleet) provided the defendant with construction materials, including lumber, trim material, and roofing material. The defendant did not always have someone on hand to accept a delivery of materials from...

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