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ALVORD & SWIFT v. MULLER

46 N.Y.2d 276 (1978)

Alvord and Swift, Appellant, v. Stewart M. Muller Construction Company, Inc., et al., Defendants, and New York Telephone Company et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Arthur S. Friedman and Peter N. Wang for appellant.

Robert W. Gottlieb and Douglas N. Gordon for New York Telephone Company, respondent.

Richard T. Andrias and Andrew P. Davis for Charles S. Haines and others, respondents.

Judges JASEN, JONES and WACHTLER concur with Chief Judge BREITEL; Judge COOKE concurs in a separate opinion in which Judge GABRIELLI concurs; Judge FUCHSBERG concurs in part and dissents in part and votes to modify in a separate opinion.

Chief Judge BREITEL.

Plaintiff Alvord & Swift, subcontractor on a construction project for the renovation of a New York Telephone Company facility, seeks damages due to delays incurred in the performance of its subcontract. Named as defendants were: the general contractor, Stewart M. Muller Construction Co., and Stewart M. Muller; the owner, New York Telephone; and the architects. From two separate orders...

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