GORDON v. HOLT


65 A.D.2d 344 (1979)

Robert A. Gordon et al., Appellants, v. Richard A. Holt et al., Defendants; City of Utica, Respondent Allstate Insurance Company, as Subrogee of Robert J. Marshall, et al., Appellants, v. Richard Holt et al., Defendants. Robert A. Gordon et al., Appellants; E. Charles De Traglia et al., Respondents. (Appeal No. 1.) Robert A. Gordon et al., Appellants, v. Richard A. Holt et al., Defendants; Gordon R. Bice et al., as Copartners, Doing Business as Bice and Baird, et al., Respondents Allstate Insurance Company, as Subrogee of Robert J. Marshall, et al., Appellants, v. Richard Holt et al., Defendants; Kenneth Baird, Respondent Robert A. Gordon et al., Appellants, v. Stirling Brothers, Inc., et al., Defendants; Henrietta S. Baird, as Executrix and Trustee under The Will of J. Kenneth Baird, Deceased, et al., Respondents. (Appeal No. 2.) William H. Bateman, Appellant, v. Richard Holt et al., Defendants; Kenneth Baird, Doing Business as Bice and Baird, et al., Respondents. (Appeal No. 3.) William Self, Appellant, v. Richard Holt et al., Defendants; Kenneth Baird, Doing Business as Bice and Baird, et al., Respondents. (Appeal No. 4.) Judy A. D'Orazio, Appellant, v. Richard Holt et al., Defendants; Kenneth Baird, Doing Business as Bice and Baird, et al., Respondents. (Appeal No. 5.)

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

January 25, 1979


Attorney(s) appearing for the Case

Gwertzman & Pfeffer (Max Gwertzman of counsel) (Woods, Oviatt, Gilman, Sturman & Clarke, by Beryl Nusbaum of counsel), for Robert Natapow and another, appellants in Appeals Nos. 1 and 2.

Bouck, Holloway & Kiernan for Allstate Insurance Company, appellant in Appeals Nos. 1 and 2. (No appearance.)

Kernan & Kernan (Leighton R. Burns of counsel), for William H. Bateman, appellant in Appeal No. 3 and William Self, appellant in Appeal No. 4.

Carl J. Cochi for Judy A. D'Orazio, appellant in Appeal No. 5.

Lawrence P. George (Lyn H. Simon of counsel), for City of Utica and others, respondents in Appeal No. 1.

Sugarman, Wallace, Manheim & Schoenwald (Charles M. Manheim of counsel), for Kenneth Baird and another, respondents in Appeals Nos. 2, 3, 4 and 5.

DILLON, SCHNEPP and WITMER, JJ., concur. SIMONS, J., not participating.


CARDAMONE, J. P.

On May 26, 1973 the Southwind Terrace Apartments in Utica, New York were totally destroyed by fire. As a result of the fire 88 lawsuits were commenced. Among the named defendants are the present owners, former owners, builder, design architect, supervising architect, City of Utica and two city employees. The cases were informally consolidated and an...

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