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  5. 64 N.Y.2d 709 (1984)
 

JOHN GRACE & CO., INC. v. STATE UNIV. CONSTR. FUND

64 N.Y.2d 709 (1984)

John Grace & Company, Inc., Respondent, v. State University Construction Fund, Defendant and Third-Party Plaintiff-Appellant. Marvin A. Mass et al., Individually and Doing Business as Cosentini Associates, Third-Party Defendants-Appellants. (And a Fourth-Party Action.)

Court of Appeals of the State of New York.

Decided December 20, 1984.

Attorney(s) appearing for the Case

Kenneth G. Varley for Marvin A. Mass and others, appellants.

Robert Abrams, Attorney-General (Richard J. Dorsey and Peter H. Schiff of counsel), for State University Construction Fund, appellant.

Lester M. A. Gulitz for respondent.

Concur: Judges JONES, WACHTLER, MEYER, SIMONS, and KAYE. Chief Judge COOKE and Judge JASEN dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ().

Order modified, with costs to plaintiff and third-party defendants Marvin A. Mass et al., against State University Construction Fund, by dismissing the third-party complaint against Marvin A. Mass et al., doing business as Cosentini Associates, for reasons stated in the concurring in part and dissenting in part memorandum by Justice Howard A. Levine at the Appellate Division (99 A.D.2d 860, 862-863); and, as so modified, order...

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