HARVEY v. MAZAL AM. PARTNERS


179 A.D.2d 1 (1992)

Bernard Harvey et al., Respondents-Appellants, v. Mazal American Partners et al., Doing Business as Assay Partners et al., Appellants-Respondents Assay Partners et al., Third-Party Plaintiffs-Appellants-Respondents, v. Mosher Steel Company, a Division of Trinity Industries, Inc., et al., Third-Party Defendants-Appellants-Respondents Assay Partners et al., Fourth-Party Plaintiffs-Appellants-Respondents, v. Atlas-Gem Joint Venture, Fourth-Party Defendant-Appellant-Respondent

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

March 17, 1992


Attorney(s) appearing for the Case

James L. Fischer of counsel (Edward A. Magro and Richard E. Lerner with him on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys), for Mazal American Partners and others, appellants-respondents.

Joseph Kelner of counsel (Robert S. Kelner and Arthur I. Strier with him on the brief; Kelner & Kelner and Arthur I. Strier, P. C., attorneys), for plaintiffs-respondents.

Peter Pearson Traub, Jr., of counsel (Goldon & Silber, P. C., attorneys), for Gem Steel Erectors, Inc., Atlas-Gem Erectors Co., Inc., and Atlas-Gem Joint Venture.

James M. McLaughlin of counsel (James L. Fischer, Edward A. Magro and Richard E. Lerner with him on the brief; Flynn, Gibbons & Dowd, attorneys), for third-party defendant-respondent.

ROSS, J. P., KASSAL and SMITH, JJ., concur.


ASCH, J.

Defendant Assay Partners own 32 Old Slip upon which they built the "Financial Center". Defendant HRH Construction was hired as the general construction manager for the project. In 1985 HRH, as Assay's agent, signed a contract with Mosher Steel, a steel manufacturer, which agreed to furnish all labor and materials required for the installation of all structural steel. Mosher also contractually assumed...

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