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GROSS v. ISMAEL LEYVA ARCHITECT, P.C.

5283. 153081/16.

156 A.D.3d 558 (2017)

65 N.Y.S.3d 708

2017 NY Slip Op 09242

LEWIS GROSS, M.D., Respondent, v. ISMAEL LEYVA ARCHITECT, P.C., Appellant, et al., Defendants.

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

Decided December 28, 2017.

ILA has not established entitlement to dismissal of the negligence claim as against it. The amended agreement indicating that it agreed to perform "Construction Observation (Quality Control) other than those included in Architect's [Construction Administration] responsibilities during site visits," raises questions as to whether ILA was responsible for inspecting the excavation and underpinning and, if so, whether it properly performed...

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