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Jewish Board of Guardians v. Grumman Allied Industries Inc.

62 N.Y.2d 684 Court N.Y. Decision date 1984-05-01 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

Contents

Majority

p. 684
Jewish Board of Guardians, Appellant, v Grumman Allied Industries Incorporated et al., Respondents, et al., Defendant. Thomas J. Biuso, Third-Party Plaintiff, v Auriga Building Corporation, Third-Party Defendant. (And Another Action.)
Argued March 21, 1984;
decided May 1, 1984
p. 686

Headnote

APPEARANCES OF COUNSEL
Lawrence S. Greengrass and Howard D. Avrutine for appellant.
Curtiss B. Kline for Grumman Allied Industries Incorporated, respondent.
William H. Morris and Gerald P. McMorrow for Thomas J. Biuso, respondent.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 96 AD2d 465 ), to which we add that, as to the claim against defendant Biuso, plaintiff’s expert’s testimony established no more than that the way the expert would have handled the job would meet the standards of the architectural profession, not that Biuso did not meet such standards. Indeed, as to application of the roof to the modular units at the job site rather than at the factory, the expert conceded that there were many precedents for doing it that way.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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