NORTHWAY ENG'G v. FELIX INDUS


77 N.Y.2d 332 (1991)

Northway Engineering, Inc., Respondent, v. Felix Industries, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided February 19, 1991.


Attorney(s) appearing for the Case

Stanley S. Zinner for appellants.

Michael L. Costello for respondent.

Judges SIMONS, ALEXANDER, HANCOCK, JR., and BELLACOSA concur with Chief Judge WACHTLER; Judge KAYE dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.


Chief Judge WACHTLER.

The question on this appeal is whether an order of preclusion, entered when the defendants failed to provide particulars relating to their counterclaims, also precludes the defendants from offering any defense to the complaint. The courts below held that it did and the defendants appeal.

The defendant, Felix Industries, was the general contractor for a sewage filtration plant constructed...

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