ROCHESTER DIOCESE v. R-MONDE


148 Misc.2d 926 (1989)

Diocese of Rochester et al., Plaintiffs, v. R-Monde Contractors, Inc., et al., Defendants. Saint Theodore's Church of Gates et al., Plaintiffs, v. Starks Wurzer Patterson Romeo Architects, P. C., et al., Defendants.

Supreme Court, Monroe County.

November 30, 1989


Attorney(s) appearing for the Case

Harter, Secrest & Emery (James C. Moore of counsel), for Starks Wurzer Patterson Romeo Architects, P. C., defendant. Geiger & Rothenberg (John P. Costello of counsel), for plaintiffs. Roger G. Preston, Jr. and F. Robert Michel for R-Monde Contractors, Inc., defendant.


DAVID O. BOEHM, J.

This case presents an issue of apparent first impression in this State; whether an architect, who allegedly failed to make adequate periodic inspections during construction and thereby failed to learn of defects in the work, is immune from liability by virtue of a contract provision stating that he will not be responsible for the contractor's acts or omissions.

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