WING WONG REALTY CORP. v. FLINTLOCK CONSTR. SERVS., LLC

Nos. 6629, 101323/05, 590334/08.

95 A.D.3d 709 (2012)

945 N.Y.S.2d 62

2012 NY Slip Op 4083

WING WONG REALTY CORP., Plaintiff, v. FLINTLOCK CONSTRUCTION SERVICES, LLC, et al., Defendants. VERSATILE CONSULTING & TESTING SERVICES, INC., et al., Third-Party Plaintiffs-Respondents, v. R.A. CONSULTANTS, LLC, et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant.

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

Decided May 24, 2012.


Plaintiff alleges damage to its building as a result of excavation work at the adjacent construction site owned by defendant Well-Come Holdings. Third-party defendants, the project's engineering consulting firm and its principal (together, Alperstein), failed to establish prima facie that as a matter of law they could not be held responsible in part for the damage. Alperstein's responsibilities included reviewing the plans for the underpinning and recommending modifications...

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