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BRUSHTON-MOIRA CENT v. THOMAS

230 A.D.2d 228 (1997)

657 N.Y.S.2d 787

Brushton-Moira Central School District, Appellant-Respondent, v. Fred H. Thomas Associates, P. C., Respondent-Appellant

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

May 1, 1997

Attorney(s) appearing for the Case

John A. Piasecki, Malone, for appellant-respondent.

Sugarman, Wallace, Manhein & Schoenwald, L. L. P., Syracuse (Timothy J. Perry of counsel), for respondent-appellant.

WHITE and PETERS, JJ., concur with MERCURE, J. P.; CARPINELLO and YESAWICH JR., JJ., concur in part and dissent in part in a separate opinion by CARPINELLO, J.

MERCURE, J. P.

This action, commenced in 1984, arises out of the failure of certain insulated panels that were installed in a curtain wall under a 1980 contract for renovation work at plaintiff's high school building. A full statement of the underlying facts may be found in our decision on a prior appeal (195 A.D.2d 801), where we awarded plaintiff summary judgment on its...

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