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EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES v. NICO CONSTR. CO., INC.

245 A.D.2d 194 (1997)

666 N.Y.S.2d 602

Equitable Life Assurance Society of the United States, Appellant-Respondent, v. Nico Construction Co., Inc., Respondent-Appellant, and Edward Larrabee Barnes Associates, P. C., et al., Respondents. Nico Construction Co., Inc., Third-Party Plaintiff-Appellant, v. Norberto & Sons, Inc., Third-Party Defendant-Respondent

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

December 23, 1997

This action for breach of contract and negligence is an outgrowth of the construction of an Olympic-sized swimming pool for The Equitable Life Assurance Society of the United States on the ground floor of the Equitable Building in New York City. The evidence at trial showed that, although designed to have ten-inch side walls of solid concrete and eight inches at the bottom to contain the 60,000 gallons of water that the pool would...

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