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GERMANTOWN CENT v. CLARK

294 A.D.2d 93 (2002)

743 N.Y.S.2d 599

GERMANTOWN CENTRAL SCHOOL DISTRICT, Respondent, v. CLARK, CLARK, MILLIS & GILSON, AIA, et al., Defendants, and KEVAN R. JONES et al., Appellants.

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

June 6, 2002.

Attorney(s) appearing for the Case

Sternberg & Gorman L.L.P., Hoosick Falls (Edward J. Gorman of counsel), for Kevan R. Jones, appellant.

Harter, Secrest & Emery L.L.P., Rochester (James C. Moore of counsel), for Robert T. Clark and another, appellants.

Lewis & Greer P.C., Poughkeepsie (Gunter Dully, Albany, of counsel), for respondent.

CARDONA, P.J., MERCURE, PETERS and CARPINELLO, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

In 1985, plaintiff contracted with defendant Clark, Clark, Millis & Gilson, AIA (hereinafter CCM&G), an architectural firm, for architectural and engineering services in connection with an asbestos abatement project for a building owned by plaintiff. CCM&G thereafter retained defendant Robson & Woese Inc. (hereinafter Robson), a firm of engineers, as a consultant or subcontractor on the project. In December...

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