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SALZMAN v. HOLIDAY INNS

48 A.D.2d 258 (1975)

Sidney J. Salzman et al., Doing Business as River Development Company, Plaintiffs, v. Holiday Inns, Inc., Defendant and Third-Party Plaintiff-Appellant; Instlcorp, Inc., Third-Party Defendant-Respondent

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

June 6, 1975

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Michael T. Tomaino of counsel), for appellant.

Streppa, Osgood, Cleary, Persons & Gaenzle (E. Garrett Cleary of counsel), for respondent.

CARDAMONE, MAHONEY and GOLDMAN, JJ., concur with MOULE, J. P.; SIMONS, J., dissents and votes to affirm the order, in an opinion.

MOULE, J. P.

The question presented on this appeal is whether a contractor who provides interim financing for a construction project may maintain a cause of action as a third-party plaintiff against a permanent financer for an alleged breach by the latter of a financing commitment to the owner, after the owner sues the contractor, claiming that the contractor's delay in construction was the cause of the damages...

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