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  5. 48 N.Y.2d 763 (1979)
 

CHINATOWN APARTMENTS, INC. v. HORN CONSTR. CO., INC.

48 N.Y.2d 763 (1979)

Chinatown Apartments, Inc., Plaintiff, v. Horn Construction Co., Inc., et al., Defendants. Horn Construction Co., Inc., and Peter Kiewit Sons' Co., a Joint Venture, Plaintiff, v. Chinatown Apartments, Inc., et al., Defendants, and Robert Rosenwasser, P. C., Appellant. New York City Transit Authority, Third-Party Plaintiff, v. De Leuw, Cather and Co. of New York, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided November 13, 1979.

Attorney(s) appearing for the Case

William H. Morris and Gerald P. McMorrow for appellant.

James L. Fischer and Max Edelman for third-party defendant-respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice NATHANIEL T. HELMAN at Special Term. Question certified answered in the...

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