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J. R. STEVENSON CORP. v. DORMITORY AUTH. OF THE STATE OF NEW YORK

112 A.D.2d 113 (1985)

J. R. Stevenson Corp. et al., Plaintiffs, v. Dormitory Authority of the State of New York, Defendant and Cross-Claiming Defendant and Third-Party Plaintiff, and Louis Skidmore et al., Doing Business as Skidmore, Owings and Merrill, Defendants and Third-Party Plaintiffs-Appellants. S &M Plumbing Co., Inc., et al., Third-Party Defendants-Respondents. (Action No. 1.) Dormitory Authority of the State of New York, Plaintiff, v. Commercial Union Insurance Company of New York, Defendant. (Action No. 2.) Walter Kidde Constructors, Incorporated, Plaintiff, v. Dormitory Authority of the State of New York, Defendant. (Action No. 3.) A. I. Smith Electrical Contractors, Inc., Plaintiff, v. Dormitory Authority of the State of New York, Defendant and Third-Party Plaintiff, et al., Third-Party Defendants. Louis Skidmore et al., Doing Business as Skidmore, Owings and Merrill, Third-Party Defendants and Fourth-Party Plaintiffs-Appellants, v. Walter Kidde Constructors, Incorporated, et al., Fourth-Party Defendants-Respondents. (Action No. 4.)

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

July 25, 1985

The dispositions with which we disagree are essentially a result of a basic misapprehension as to the realities of protracted and complex litigation, especially where, as here, multiple parties are involved. In each instance the court violated a fundamental policy of New York jurisprudence — except in the rarest of cases, disputes should be decided on their merits.

These seven appeals arise out of four consolidated...

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