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  5. 73 N.Y.2d 996 (1989)
 

NPS ENG'RS & CONSTRUCTORS, INC. v. UNDERWEISER & UNDERWEISER

73 N.Y.2d 996 (1989)

NPS Engineers and Constructors, Inc., Respondent, v. Underweiser & Underweiser et al., Defendants-Appellants, and Third-Party Plaintiffs. Williamson, Picket, Gross, Inc., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided April 27, 1989.

Attorney(s) appearing for the Case

Beatrice K. Underweiser for appellants.

Jeffrey D. Marks and Jay D. Fischer for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order modified, with costs to appellants, by denying plaintiff's motion for summary judgment for the reasons stated in the dissenting memorandum of the late Justice Leonard H. Sandler at the Appellate Division (141 A.D.2d 412, 414-417). Certified question not answered as...

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