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MEATHE v. CONSTR. FUND

65 A.D.2d 49 (1978)

Philip J. Meathe et al., Respondents, v. State University Construction Fund, Appellant

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

December 7, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for appellant.

Brennan, Centner, Palermo & Blauvelt (Thomas E. Goldman of counsel), for respondents.

SWEENEY and LARKIN, JJ., concur with MAHONEY, P. J.; KANE and HERLIHY, JJ., dissent and vote to reverse in an opinion by HERLIHY, J.

MAHONEY, P. J.

In 1969 defendant initiated plans to construct buildings at the campus located at Stony Brook. Plaintiffs, an architectural firm and its president, were contacted because of their expertise in the so-called "fast track" method of construction by which actual construction is commenced prior to the completion of all design, planning, bidding and subcontracting stages in order to alleviate the effects...

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