CENTURY TOWER ASSOC. NY LLC v. FELD, KAMINETZSKY & COHEN

Index No. 653468/20 Appeal No. 17454 Case No. 2022-01933.

214 A.D.3d 434 (2023)

185 N.Y.S.3d 69

2023 NY Slip Op 01162

Century Tower Associates NY LLC, Respondent, v. Feld, Kaminetzsky & Cohen, Appellant, and Digger Specialties, Inc., et al., Respondents, et al., Defendant.

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

Decided March 7, 2023.


Attorney(s) appearing for the Case

Donovan Hatem LLP, New York ( Scott K. Winikow of counsel), for appellant.

Pryor Cashman LLP, New York ( Meghan Hill of counsel), for Century Tower Associates NY LLC, respondent.

Faegre Drinker Biddle & Reath LLP, New York ( Brian P. Morgan of counsel), for Digger Specialties, Inc., respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Guy Des Rosiers of counsel), for Structural Preservation Systems, LLC, respondent.

Concur—Renwick, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ.


Order, Supreme Court, New York County (William Perry, J.), entered January 28, 2022, which denied defendant Feld, Kaminetzsky & Cohen, a Division of GEI Consultants, Inc., P.C.'s (GEI) motion to dismiss the complaint and all cross claims against it, unanimously affirmed, without costs.

In this action plaintiff alleges that defendants installed defective balcony railings at its building. Defendant GEI, the architect of the project, is not entitled to dismissal...

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