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CRENULATED CO., LTD. v. CITY OF NEW YORK

244 A.D.2d 191 (1997)

664 N.Y.S.2d 25

Crenulated Company, Ltd., Plaintiff, v. City of New York, Acting by and through Its Department of Housing Preservation and Development, Defendant. City of New York, Third-Party Plaintiff-Appellant, v. Lehrer McGovern Bovis Constr. Mgt. Corp., Third-Party Defendant-Respondent

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

November 13, 1997

The motion court properly characterized the claims asserted in the main action as involving alleged defective workmanship by particular contractors and, thereupon, properly dismissed the third-party complaint. Giving the language of the parties' agreement its plain meaning (see, American Express Bank v Uniroyal, Inc., 164 A.D.2d 275, 277, lv denied 77 N.Y.2d 807), the applicable portion of section 4.13, providing that...

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