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DOMENECH v. ASSOCIATED ENGINEERS

257 A.D.2d 403 (1999)

683 N.Y.S.2d 67

RICHARD H. DOMENECH et al., Respondents, v. ASSOCIATED ENGINEERS et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided January 7, 1999.

The IAS Court erred in rejecting as untimely the motion by Associated Engineers (Associated) for summary judgment, since it was made within 120 days of the effective date of the amendment to CPLR 3212 (a) (see, Phoenix Garden Rest. v Chu, 245 A.D.2d 164; see also, Krug v Jones, 252 A.D.2d 572).

Turning to the merits of Associated's claim, it is well settled that liability for an...

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