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HERNANDEZ v. RACANELLI CONSTRUCTION COMPANY, INC.

33 A.D.3d 536 (2006)

823 N.Y.S.2d 377

MARIA HERNANDEZ et al., Plaintiffs, v. RACANELLI CONSTRUCTION COMPANY, INC., et al., Defendants, and NIEGO ASSOCIATES, Respondent. MENLO ASSOCIATES, Third-Party Plaintiff, v. UNICORP NATIONAL DEVELOPMENTS, INC., Third-Party Defendant-Respondent. MARIA HERNANDEZ et al., Plaintiffs, v. RACANELLI CONSTRUCTION COMPANY, INC., Defendant and Third-Party Plaintiff. GRANDVIEW CONTRACTING CORP. et al., Third-Party Defendants-Appellants.

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

Decided October 26, 2006.

It does not avail appellant demolition contractor to argue that the architect failed to obtain the appropriate permit for the fence and that the fence failed to comply with applicable regulations, where the architect was completely relieved of responsibility for construction defects and safety precautions under its contract with the developer (see Jewish Bd. of Guardians v Grumman Allied Indus., 96 A.D.2d...

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