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VARGAS v. NEW YORK CITY TRANSIT AUTHORITY

60 A.D.3d 438 (2009)

874 N.Y.S.2d 446

RAMON VARGAS, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent-Appellant. NEW YORK CITY TRANSIT AUTHORITY, Third-Party Plaintiff-Respondent-Appellant, v. HALMAR BUILDERS OF NEW YORK, Third-Party Defendant-Appellant-Respondent. GRANITE HALMAR CONSTRUCTION COMPANY, INC., Second Third-Party Plaintiff-Appellant-Respondent, v. GRAND MECHANICAL CORP. et al., Second Third-Party Defendants-Respondents, and ATLANTIC ROLLING STEEL DOOR CORP., Second Third-Party Defendant-Respondent-Appellant.

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

Decided March 10, 2009.

The subject incident occurred in the course of the construction of a bus maintenance facility owned by NYCTA. Granite, the project's general contractor, hired Grand Mechanical as the HVAC subcontractor. Grand Mechanical hired Miller Proctor to commission, or start up, the facility's boilers. In March 2001, after the boilers had been commissioned, Grand Mechanical called Miller Proctor to address a leak in one of them. Plaintiff, the Miller Proctor employee sent to respond...

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