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WEISS v. POLYMER PLASTICS CORPORATION

21 A.D.3d 1095 (2005)

802 N.Y.S.2d 174

MELVYN I. WEISS et al., Appellants, v. POLYMER PLASTICS CORPORATION, Doing Business as POLYMER PLASTICS CORPORATION VITRICON DIVISION, et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants, et al., Third-Party Defendants.

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

September 26, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 1994 the plaintiffs were constructing a home in Oyster Bay Cove. They hired the third-party defendant DMC Cappy, Inc. (hereinafter DMC), as the general contractor for the project, and the third-party defendant Keller Sandgren Associates (hereinafter Keller) as their architect. In July 1999 the plaintiffs commenced this action alleging damage to...

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