Legal Opinion

DiNovo v. Bat Con, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2014Published

1Opinion of the CourtGarry, J.

Appeal from an order of the Supreme Court (Ferradino, J.), entered November 16, 2012 in Saratoga County, which partially denied third-party defendants’ motion for summary judgment dismissing the third-party complaint.

Defendant was retained by the County of Onondaga in 2008 to perform emergency repairs on a municipal sewer line in the Town of DeWitt, Onondaga County. In April 2008, third-party defendant Peterson Geotechnical Construction, LLC (hereinafter PGC) submitted a written proposal to defendant to perform part of these repairs, and thereafter undertook the work. Plaintiff Christopher…

2Cases cited9 opinions

  1. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  2. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  3. LaFleur v. MLB Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Mitchell v. Atlas Copco North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Staub v. William H. Lane, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

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