QUEENSBURY v. WALTER CORP.


82 A.D.2d 204 (1981)

Queensbury Union Free School District, Respondent-Appellant, v. Jim Walter Corporation et al., Appellants-Respondents, et al., Defendants

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

July 30, 1981


Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams (George F. Carpinello of counsel), for appellants-respondents.

Caffry, Pontiff, Stewart, Rhodes & Judge (H. Wayne Judge of counsel), for respondent-appellant.

MAHONEY, P. J., and SWEENEY, J., concur with HERLIHY, J.; KANE and WEISS, JJ., concur in part and dissent in part in an opinion by KANE, J.


HERLIHY, J.

The Celotex Corporation (Celotex) manufactured and supplied components of a roofing system which a subcontractor purchased and installed in the course of erecting a school building for plaintiff in 1968 and 1969. Known as a Barrett bonded roof, the system utilized a new concept, introduced by Celotex or its predecessor in 1964, involving the application of preconstructed materials to form a two-layer...

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