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REPUBLIC NAT'L BANK OF NEW YORK v. ZIMMCOR U.S.A. CORP.

203 A.D.2d 107 (1994)

609 N.Y.S.2d 907

Republic National Bank of New York, Appellant, v. Zimmcor U.S.A. Corp., Defendants, and Lehrer/McGovern, Inc., et al., Respondents. (And Third- and Fourth-Party Actions.)

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

April 14, 1994

In 1981, plaintiff Republic was in the process of constructing a new twenty-nine story world corporate headquarters in New York City. L/M Fifth, Inc. was the construction manager of the project and its parent, Lehrer/McGovern, Inc., guaranteed its performance. Republic had also entered into a contract with defendant and third-party plaintiff Zimmcor U.S.A. Corp. ("Zimmcor") pursuant to which Zimmcor was to erect a glass "curtain...

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