Appellate Division of the Supreme Court of the State of New York December 26, 2012 (Phillips v. Trommel Construction)

The plaintiffs, the owners of an office building, hired the defendant Trommel Construction (hereinafter Trommel) to replace the building’s roof. Trommel subcontracted with the defendant Schnabel Roofing (hereinafter Schnabel) to perform the work. Trommel and Schnabel did not perform the work to the *1098plaintiffs’ satisfaction. The plaintiffs subsequently hired Leak Stoppers, Inc.