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MATTER OF PAVER & WILDFOERSTER

46 A.D.2d 853 (1974)

In the Matter of the Arbitration between Paver & Wildfoerster, Appellant, and Catholic High School Association, Respondent. In the Matter of the Arbitration between Catholic High School Association of New York, Respondent, and Paver & Wildfoerster, Appellant, and Warwick Construction, Inc., Respondent

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

December 3, 1974

Respondents shall recover of appellant one bill of $40 costs and disbursements of this appeal.

Lupiano and Lane, JJ., dissent in the following memorandum by Lane, J.:

Paver & Wildfoerster (P&W) were retained by the Catholic High School Association (Association) as architects, and Warwick Construction, Inc., (Warwick) was hired as the general contractor. The building was occupied since 1968 and was found defective in that persistent and continuing leakage...

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