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HTRF VENTURES, LLC v. PERMASTEELISA N. AM. CORP.

655970/16. Appeal No. 12026. Case No. 2019-5555.

190 A.D.3d 603 (2021)

2021 NY Slip Op 00388

HTRF Ventures, LLC, Respondent, v. Permasteelisa North America Corporation, Appellant.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Wasserman Grubin & Rogers, LLP, New York ( Michael T. Rogers of counsel), for appellant.

Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC ( Brent Gurney of the bar of the District of Columbia, admitted pro hac vice, of counsel), for respondent.

Concur—Webber, J.P., Oing, Shulman, JJ.

Plaintiff, HTRF Ventures LLC (HTRF), owns the building. On October 6, 2005, HTRF, through its agent Georgetown 19th Street Development, LLC, entered into a construction management agreement (CMA), dated April 1, 2003, with nonparty Turner Construction Company (Turner) for the construction of the IAC Building. As is relevant to the issue herein, the CMA requires Turner to obtain from subcontractors and manufacturers "warranties which meet or exceed the requirements of the...

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