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GILCHRIST v. CITY OF TROY

113 A.D.2d 271 (1985)

Barbara Gilchrist, Individually and as Parent and Natural Guardian of John Gilchrist, an Infant, Respondent, v. City of Troy, Defendant and Third-Party Plaintiff-Appellant-Respondent. J. Gregory Crozier et al., Doing Business as Crozier, Kearns, Philippi, Architects, Third-Party Defendants-Appellants, et al., Third-Party Defendant. (And a Fourth-Party Action.)

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

December 5, 1985

Attorney(s) appearing for the Case

Donald C. Bowes, Corporation Counsel (Donald J. Shanley of counsel), for defendant and third-party plaintiff-appellant-respondent.

Lawrence H. Long for respondent.

Burke, Cavalier, Lyman & Shanley (Michelle I. Casserly of counsel), for J. Gregory Crozier and others, third-party defendants-appellants.

YESAWICH, JR., LEVINE and HARVEY, JJ., concur with CASEY, J.; KANE, J. P., dissents and votes to affirm upon the opinion of Justice HAROLD J. HUGHES at Special Term.

CASEY, J.

Appeals from an order of the Supreme Court at Special Term (Hughes, J.), entered December 31, 1984 in Rensselaer County, which denied the motions of defendant and third-party defendant architects seeking summary judgment dismissing the complaint and third-party complaint.

The dispositive issue on this appeal is whether defendant breached its duty of care owed to the infant who was injured by...

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