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  5. 72 N.Y.2d 890 (1988)
 

JOHN W. COWPER CO., INC. v. BUFFALO HOTEL DEV. VENTURE

72 N.Y.2d 890 (1988)

John W. Cowper Company, Incorporated, Respondent, v. Buffalo Hotel Development Venture et al., Appellants, and Spancrete Northeast, Inc., Respondent, et al., Defendants. (And Related Actions.)

Court of Appeals of the State of New York.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Joseph Alioto and Patricia Henle, pro hac vice, and James I. Myers for appellant.

Frank T. Gaglione and Lawrence A. Schulz for John W. Cowper Company, Incorporated, respondent.

David D. MacKnight, Peter T. Rodgers and Mindy L. Zoghlin for Spancrete Northeast, Inc., respondent.

Norman A. Coplan and James Siena for American Institute of Architects and another, amici curiae.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE and BELLACOSA concur; Judge SIMONS dissents and votes to reverse in an opinion; Judge HANCOCK, JR., taking no part.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

This case involves a dispute between plaintiff general contractor and defendants, the owners of the Buffalo Hilton Hotel, with respect to the responsibility for construction defects in the hotel. Defendants contend that the trial court erred...

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