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ROTTERDAM SQUARE v. SEAR-BROWN ASSOCS.

246 A.D.2d 871 (1998)

668 N.Y.S.2d 278

Rotterdam Square, Respondent, v. Sear-Brown Associates, P. C., et al., Appellants

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

January 22, 1998

Spain, J.

On August 25, 1993 plaintiff, the owner and operator of Rotterdam Square Mall in the Town of Rotterdam, Schenectady County, commenced this action against defendants, who, pursuant to an oral contract with Wilmorite, Inc., plaintiff's construction manager, were to perform design services in connection with the design and construction of phase I of the mall. Phase I, as relevant to this appeal, involved development of a stormwater impoundment...

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