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KEY INTL MFG v. MORSE/DIESEL

142 A.D.2d 448 (1988)

Key International Manufacturing, Inc., Appellant, v. Morse/Diesel, Inc., et al., Defendants, and Albert Melniker et al., Respondents. (And Two Other Actions.)

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

December 30, 1988

Attorney(s) appearing for the Case

Paul, Weiss, Rivkind, Wharton & Garrison (Lewis A. Kaplan and Jay L. Himes of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker (Stephen M. Marcellino, Frank E. DeGrim and Helmut Beron of counsel), for Albert Melniker, respondent.

Rivkin, Radler, Dunne & Bayh (Michael S. Cohen of counsel), for Toder/Schwartz, respondent.

KUNZEMAN, RUBIN and SPATT, JJ., concur.

BRACKEN, J. P.

The plaintiff Key International Manufacturing, Inc. (hereinafter Key), a New York corporation, commenced the present action in order to recover compensation for the economic losses it suffered in connection with a construction project on Staten Island. In its complaint, Key alleged that it was forced to remedy, "at substantial cost", various design and construction defects caused by the negligence...

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