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BD. OF EDUC. v. SARGENT

125 A.D.2d 27 (1987)

Board of Education of the Hudson City School District, Plaintiff, v. Sargent, Webster, Crenshaw & Folley, Defendant and Third-Party Plaintiff-Respondent. Thompson Construction Corporation, Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And a Fourth-Party Action.)

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

February 12, 1987

Attorney(s) appearing for the Case

Couch & Howard, P. C. (McNamee, Lochner, Titus & Williams, P. C., by George Carpinello of counsel), for third-party defendant-appellant.

Hesson, Ford, Sherwood & Whalen (Michael J. Hutter, Jr., and Donald P. Ford, Jr., of counsel), for Philip Carey Corporation, third-party defendant.

Donohue, Donohue & Sabo, P. C. (Bruce S. Huttner and Fred J. Hutchinson of counsel), for defendant and third-party plaintiff-respondent.

MAHONEY, P. J., CASEY and YESAWICH, JR., JJ., concur with LEVINE, J.; MIKOLL, J., dissents and votes to affirm in an opinion.

LEVINE, J.

In 1980, plaintiff brought suit against defendant, Sargent, Webster, Crenshaw & Folley (Sargent), the architect, and third-party defendant Thompson Construction Corporation (Thompson), the general contractor, arising out of a project for the construction of a new high school. The action centered on claimed defects in the roof of the new high school building, which plaintiff attributed to the failure...

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