Jewish Board of Guardians v. Grumman Allied Industries Inc.

New York Court of Appeals May 1, 1984

Jewish Board of Guardians v. Grumman Allied Industries Inc., 62 N.Y.2d 684 (N.Y. 1984)

465 N.E.2d 42; 476 N.Y.S.2d 535; 1984 N.Y. LEXIS 4289

Cooke, Jasen, Jones, Kaye, Meyer, Simons, Wachtler

Opinion of the Court

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.

Reference

Full Case Name: Jewish Board of Guardians v. Grumman Allied Industries Incorporated, , Defendant Thomas J. Biuso, Third-Party v. Auriga Building Corporation, Third-Party (And Another Action.)
Cited By: 11 cases
Status: Published