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KELLY v. SCHROETER

209 A.D.2d 737 (1994)

618 N.Y.S.2d 146

James T. Kelly, Jr., P. E., P. C., Appellant, v. Sven B. Schroeter et al., Doing Business as True Value Hardware, Respondents. (Action No. 1.) James T. Kelly, Jr., P. E., P. C., Plaintiff, v. Sanborn Enterprises, Inc., et al., Doing Business as Fabric Care, Defendants. (Action No. 2.) Eagle Crest, Ltd., Appellant, v. Sven B. Schroeter et al., Doing Business as True Value Hardware, Respondents. (Action No. 3.) Eagle Crest, Ltd., Appellant, v. Sanborn Enterprises, Inc., et al., Doing Business as Fabric Care, Respondents.(Action No. 4.) Mark Sanborn et al., Respondents, v. James T. Kelly, Jr., Individually and as James T. Kelly, Jr., P. E., P. C., et al., Appellants. (Action No. 5.)

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

November 3, 1994

Crew III, J.

This litigation arises out of the construction of a building on a parcel of property in the City of Kingston, Ulster County. The building is divided into two stores, one owned by Sven B. Schroeter (hereinafter Schroeter) and Patricia J. Schroeter and the other by Mark Sanborn and Jerry Sanborn. James T. Kelly, Jr. (hereinafter Kelly), a professional engineer and architect, formed James T. Kelly, Jr., P. E., P. C. to provide engineering services...

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