Miller v. Larkin

Appeal from an order of the Supreme Court (Chauvin, J.), entered February 11, 2016 in Saratoga County, which, among other things, denied third-party defendant’s motion for summary judgment dismissing the third-party complaint.

In 2004, John P. Larkin, then owner of Larkin Realty, entered into a written “restoration agreement” with third-party defendant, Heritage Environmental Projects, Inc., to perform lead abatement work to convert a former ROTC building into apartment units. The project was conducted in four phases, with 15 apartment units to be completed during each phase. The restoration…