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BASIL DEV. CORP. v. GEN. ACCIDENT INS. CO.

89 N.Y.2d 1057 (1997)

681 N.E.2d 1274

659 N.Y.S.2d 828

Basil Development Corporation et al., Appellants, v. General Accident Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1997.

Attorney(s) appearing for the Case

Friedman & Manning, P. C., Delmar (Stephen L. Molinsek of counsel), for appellants.

Pemberton & Briggs, Schenectady (Paul Briggs of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff developer has been sued by 30 of the 35 homeowners who bought houses in its Orchard Park development, which is located in the Town of New Scotland. The homeowners have alleged that plaintiff "failed to erect [their] home[s] in a workmanlike manner" by furnishing dwellings without a safe water supply. According to the bill of...

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