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COUNTY WIDE FLOORING, CORP. v. TOWN OF HUNTINGTON

2017-10722, Index No. 607856/16.

173 A.D.3d 678 (2019)

102 N.Y.S.3d 252

2019 NY Slip Op 04354

County Wide Flooring, Corp., Respondent, v. Town of Huntington, Defendant, and Wenger Construction Co., Inc., Appellant.

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

Decided June 5, 2019.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Wenger Construction Co., Inc., pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it is granted.

The defendant Town of Huntington entered into a contract with the defendant Wenger Construction Co., Inc. (hereinafter Wenger), for the construction of a new ice rink and the renovation of an existing ice rink. Wenger then entered into a subcontract with...

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