ST. RITA'S HOME v. TN. OF AMHERST


38 A.D.2d 109 (1972)

St. Rita's Home, Inc., Appellant, v. Town of Amherst et al., Respondents

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

January 13, 1972.


Attorney(s) appearing for the Case

Kevin Kennedy for appellant.

Smith, Murphy & Schoepperle (James W. Greene of counsel), for Town of Amherst, respondent.

Pottle, O'Shea, Adamson & Reynolds (C. DeForest Cummings of counsel), for Gordon & Broderick Associates, respondent.

Cox, Barrell & Walsh (James R. Walsh of counsel), for Drott Construction Corp., respondent.

MARSH, GABRIELLI, CARDAMONE and HENRY, JJ., concur.


DEL VECCHIO, J. P.

Following a trial without a jury the court dismissed the complaint against all defendants. Upon this appeal plaintiff seeks a reversal only as to the defendant Gordon & Broderick Associates. The sole question presented is whether that defendant negligently prepared plans and specifications to connect plaintiff's sewage disposal facilities to the town trunk sewer.

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