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NEWSDAY v. C.L. PECK CONTR.

87 A.D.2d 326 (1982)

Newsday, Inc., Appellant-Respondent, v. C. L. Peck Contractor, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Chas. T. Main, Inc., et al., Third-Party Defendants

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

June 17, 1982

Attorney(s) appearing for the Case

Richard A. Rosen of counsel (Allan Blumstein and Edward A. Purcell, Jr., with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant-respondent.

Robert Damast of counsel (Robert Machleder with him on the brief; Wien, Lane & Malkin, attorneys), for defendants and third-party plaintiffs-respondents-appellants.

SULLIVAN, MARKEWICH, FEIN and ASCH, JJ., concur.

KUPFERMAN, J. P.

The main action, for breach of contract, seeks damages in excess of $7,000,000 resulting from an alleged failure of the defendants to complete construction of a new publishing plant on the time schedule agreed to and in the workmanlike manner for which contracted. Newsday commenced this action in April, 1980, and the defendants served their original answer in May, 1980. Defendants' answer alleged that Newsday employees had slandered the...

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