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CHARLEBOIS v. WELLER ASSOCS.

136 A.D.2d 214 (1988)

Claude Charlebois et al., Appellants, v. J. M. Weller Associates, Inc., Respondent

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

March 31, 1988

Attorney(s) appearing for the Case

Couch & Howard, P. C. (Leslie F. Couch of counsel), for appellants.

LaPann, Reardon, Morris, Fitzgerald & Firth, P. C. (Peter A. Firth of counsel), for respondent.

Bernstein, Weiss, Coplan, Weinstein & Lake (Norman A. Coplan of counsel), for New York State Association of Architects, Inc., amicus curiae.

Bryant, O'Dell & Basso for General Building Contractors of New York, Inc., amicus curiae.

WEISS and YESAWICH, JR., JJ., concur with CASEY, J.; KANE, J. P., and LEVINE, J., dissent and vote to reverse in an opinion by KANE, J. P.

CASEY, J.

At issue on this appeal is whether a construction contract between the owner and the contractor, whereby the contractor agrees not only to perform the construction of the project but also to be responsible for furnishing the design, is void as against public policy since the contractor is neither a licensed architect nor a licensed engineer. On the facts of this case, Supreme Court correctly declared...

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