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GILBANE BLDG v. ST. PAUL FIRE

No. 22.

31 N.Y.3d 131 (2018)

97 N.E.3d 711

74 N.Y.S.3d 162

2018 NY Slip Op 02117

GILBANE BUILDING CO./TDX CONSTRUCTION CORP. et al., Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY et al., Defendants, and LIBERTY INSURANCE UNDERWRITERS, Respondent.

Court of Appeals of New York.

Decided March 27, 2018.

Attorney(s) appearing for the Case

Saxe Doernberger & Vita, P.C., Trumbull, Connecticut (Richard W. Brown of counsel), for appellants.

Hardin Kundla McKeon & Poletto, P.A., New York City (George R. Hardin of counsel), for respondent.

Louis J. Manger, Turner Construction Company, Montvale, New Jersey, for Turner Construction Company, amicus curiae.

Judges RIVERA, FAHEY, GARCIA and FEINMAN concur; Judge STEIN dissents in an opinion in which Chief Judge DiFIORE concurs.

OPINION OF THE COURT

In January 2002, Dormitory Authority of the State of New York (DASNY) contracted with Samson Construction Company (Samson), a general contractor, for construction of a new forensic laboratory for New York City, to be built next to Bellevue Hospital. Although...

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