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McCARTHY CONCRETE, INC. v. BANTON CONSTR. CO.

532089.

203 A.D.3d 1496 (2022)

166 N.Y.S.3d 306

2022 NY Slip Op 02168

McCarthy Concrete, Incorporated, Respondent, v. Banton Construction Company et al., Appellants.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Hinckley, Allen & Snyder LLP, Albany (Antonino M. Leone of counsel), for appellants.

Robinson & Cole LLP, New York City (Thomas J. Donlon of counsel), for respondent.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and Ceresia, JJ., concur.

In relation to a construction project at the train station in Rensselaer County (hereinafter the project), Amtrak, as owner of the project, hired defendant Middlesex Corporation as general contractor, which in turn subcontracted for the services of defendant Banton Construction Company....

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