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WOOLWORTH CO. v. SOUTHBRIDGE

101 A.D.2d 434 (1984)

F. W. Woolworth Co., Plaintiff, v. Southbridge Towers, Inc., Defendant and Third-Party Plaintiff-Appellant. Tishman Construction Corp. et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (And a Fourth-Party Action.)

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

May 17, 1984

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel (Thomas R. Newman with him on the brief; Harold M. Foster and Siff & Newman, P. C., attorneys), for defendant and third-party plaintiff-appellant.

Anthony J. McNulty of counsel (McGovern, Bombara & Claire, attorneys), for Tishman Construction Corp., third-party defendant-respondent.

Stephen A. Weingrad of counsel (Weingrad & Weingrad, P. C., attorneys), for Wachtel Plumbing Company, Inc., third-party defendant-respondent.

Robert Nizewitz of counsel (Gottesman, Wolgel, Smith & Secunda, P. C., attorneys), for Gruzen & Partners, third-party defendant-respondent.

CARRO, J. P., FEIN and KASSAL, JJ., concur.

MILONAS, J.

Plaintiff F. W. Woolworth Company is a commercial tenant of defendant and third-party plaintiff Southbridge Towers, Inc., a cooperative housing corporation organized under article 11 of the Private Housing Finance Law. The instant action was instituted in October of 1977, and, in it, plaintiff seeks recovery for extensive property damage allegedly caused by the rupture of a water main or pipe which...

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