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N. MOORE ST. v. MELTZER/MANDL

23 A.D.3d 27 (2005)

799 N.Y.S.2d 485

NORTH MOORE STREET DEVELOPERS, LLC, Appellant, v. MELTZER/MANDL ARCHITECTS, P.C., Respondent. (And a Third-Party Action.)

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

August 4, 2005.

Attorney(s) appearing for the Case

Barry B. LePatner & Associates LLP, New York City (Alexander F. Ferrini, Aaron N. Abraham and Elvira Barisano of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Glenn J. Fuerth and Frank Santoro of counsel), for respondent.

BUCKLEY, P.J., MAZZARELLI, WILLIAMS and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Contrary to Supreme Court's reasoning in dismissing the third and fourth causes of action, the liquidating agreement that plaintiff relies upon in asserting these claims, in accordance with the well-settled standard for such agreements, does not prohibit plaintiff, as owner, from asserting its own claims in addition to the nonparty general contractor's pass-through claims...

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