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TOWER BUILDING RESTORATION, INC. v. 20 EAST 9TH STREET APARTMENT CORP.

7 A.D.3d 407 (2004)

776 N.Y.S.2d 485

TOWER BUILDING RESTORATION, INC., Plaintiff, v. 20 EAST 9TH STREET APARTMENT CORP. ET AL., Defendants. 20 EAST 9TH STREET APARTMENT CORP., Third-Party Plaintiff-Appellant, v. IVAN BRICE, Third-Party Defendant-Respondent, ET AL., Third-Party Defendant. (And Another Action.)

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

May 20, 2004.

The trial evidence, fairly considered, permitted the trial court to conclude that the third-party claim for architectural malpractice of 20 East 9th Street Apartment Corp. (the co-op) against its former architect, Ivan Brice, had not been proved (see Claridge Gardens v Menotti, 160 A.D.2d 544, 544-545 [1990]). The co-op failed to meet its burden to adduce credible expert testimony...

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