State of New York, Appellant,
v.
Earl H. Lundin et al., Defendants; William B. Heller et al., Respondents
Penn York Construction Corp., as Successor to Foster-Lipkins Corp., et al., Defendants and Third-Party Plaintiffs-Respondents,
v.
Peter Bratti Associates, Inc., et al., Third-Party Defendants-Respondents
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
February 3, 1983
February 3, 1983
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (Richard J. Dorsey and William J. Kogan of counsel), for appellant.
Ross & Cohen (Frederick Cohen, Charles Fastenberg and Andrea Popik Taber of counsel), for Penn York Construction Corp., defendant and third-party plaintiff-respondent.
Wilson, Elser, Edelman & Dicker (James L. Fischer of counsel), for Robert L. Thorson and others, respondents.
Berman, Paley, Goldstein & Berman (Alvin Goldstein of counsel), for Northrop Corporation, third-party defendant-respondent.
Hesson, Ford, Sherwood & Whalen (Donald T. Ford, Jr., and Daniel A. Whalen of counsel), for S. R. Beltrone, Inc., third-party defendant-respondent.
Altieri, Kushner & Miuccio (Denis B. Frind of counsel), for Peter Bratti Associates, Inc., third-party defendant-respondent.
Paul, Weiss, Rifkind, Wharton & Garrison (Nancy Kilson and Edward N. Costikyan of counsel), for William B. Heller, respondent.
Tunstead & Schechter (Michael S. Torre of counsel), for the Georgia Marble Company, third-party defendant-respondent.
KANE and WEISS, JJ., concur with CASEY, J.; MAHONEY, P. J., and MIKOLL, J., dissent and vote to reverse in an opinion by MIKOLL, J.
Appellate Division of the Supreme Court of the State of New York, Third Department.
CASEY, J.
This action arose out of the alleged defective design and construction of the marble curtain wall on the Swan Street Building in the Governor Nelson E. Rockefeller Empire State Plaza in Albany. The State commenced the action, seeking damages for alleged breach of contract and negligence, by service of a summons with notice on the various defendants in July, August and September, 1979. Defendants are...
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