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WORTH CONSTRUCTION CO., INC. v. TRC ENGINEERS, INC.

55 A.D.3d 388 (2008)

865 N.Y.S.2d 95

WORTH CONSTRUCTION CO., INC., Appellant, v. TRC ENGINEERS, INC., et al., Respondents.

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

October 16, 2008.

Defendants entered into an agreement called the Exit Strategy Contract (ESC) with nonparty Con Edison by which they assumed responsibility for decommissioning, demolishing and environmental remediation of certain properties owned or leased by Con Edison. The ESC provided for Con Edison to deliver the property at 700 First Avenue (the Waterside site) to defendants on March 1, 2003. Defendants' subcontract with plaintiff, by which plaintiff agreed to carry out the lead paint...

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