Halmar Construction Corp. v. New York State Environmental Facilities Corp.

Appeal from a judgment of the Supreme Court in favor of defendant, entered February 5, 1979 in Albany County, upon a dismissal of the complaint by the court at a Trial Term, at the close of plaintiff’s case. By a contract executed on February 4, 1972, plaintiff agreed to build a sewage treatment plant for defendant. The contract provided in pertinent part as follows: "All damage to life or property * * * resulting to the work during its progress from whatever cause * * * shall be borne and sustained by the Contractor and all work *958shall be solely at his risk until it has been finally inspected…