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SCHULTZ CONSTRUCTION, INC. v. FRANBILT, INC.

285 A.D.2d 936 (2001)

728 N.Y.S.2d 828

SCHULTZ CONSTRUCTION, INC., Appellant, v. FRANBILT, INC., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. RELIANCE INSURANCE COMPANY et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

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

Decided July 26, 2001.

Rose, J.

Plaintiff contracted for the repair of a lock on the Champlain Canal and subcontracted portions of the work, including fabrication of the lock's gate leaves, to defendant Franbilt, Inc. (hereinafter defendant). Upon discovery of alleged defects in the gate leaves, plaintiff terminated the subcontract and employed another contractor to complete the work. Within a few days, however, plaintiff rescinded the termination...

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