WESTMOUNT INT'L HOTELS, INC. v. SEAR-BROWN ASSOCS., P. C.


65 N.Y.2d 618 (1985)

Westmount International Hotels, Inc., et al., Appellants, v. Sear-Brown Associates, P. C., Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Harold A. Kurland for appellants.

Thomas G. Smith for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.


MEMORANDUM.

The order of the Appellate Division dismissing the complaint should be reversed, with costs, and the order of Special Term denying both parties' motions for summary judgment should be reinstated.

The action is for engineering malpractice in that defendant, retained to advise plaintiffs whether a new ballasted roof could be installed on their hotel, advised plaintiffs that such a roof would not meet requirements...

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