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ROCCO RESCELO & SON PLUMBING & HEATING, LLC v. PLANK, LLC

530771.

191 A.D.3d 1217 (2021)

143 N.Y.S.3d 421

2021 NY Slip Op 01176

Rocco Rescelo & Son Plumbing & Heating, LLC, Plaintiff, v. Plank, LLC, Defendant and Third-Party Plaintiff-Respondent; Dutch Village, LLC, et al., Third-Party Defendants-Appellants. (Action No. 1.). Ronald W. Peter, Plaintiff, v. Plank, LLC, Respondent, et al., Defendants, and Dutch Village, LLC, Appellant. (Action No. 2.).

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP, Albany ( Paul C. Marthy of counsel), for third-party defendants-appellants in action No. 1 and appellant in action No. 2.

Whiteman Osterman & Hanna LLP, Albany ( Christopher M. McDonald of counsel), for defendant and third-party plaintiff-respondent in action No. 1 and respondent in action No. 2.

Garry, P.J., Lynch, Aarons and Colangelo, JJ., concur.

In 2015, third-party defendant Albany Management, Inc., acting as agent for third-party defendant Dutch Village, LLC, entered into a contract with defendant Plank, LLC in which Plank agreed to serve as the general contractor for a construction project in the Town of Colonie, Albany County. However, in 2017, after multiple disputes arose...

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