SCHIAVONE CONSTR. CO. v. ELGOOD MAYO CORP.


56 N.Y.2d 667 (1982)

Schiavone Construction Company et al., Respondents, v. Elgood Mayo Corp. et al., Defendants, and Timberland Equipment Limited, Formerly Known as Timberland Ellicott Limited, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided May 4, 1982.


Attorney(s) appearing for the Case

Raymond S. Jackson, Jr., and Peter D. Raymond for appellant.

Eugene Schaffel for respondents.

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


Order reversed, with costs, and plaintiffs' motion denied for the reasons stated in the dissenting opinion of Justice SAMUEL J. SILVERMAN at the Appellate Division (81 A.D.2d 221, 227-234). Question certified answered in...

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