Arena Construction Co. v. Town of Harrison

Appellate Division of the Supreme Court of New York

Arena Construction Co. v. Town of Harrison

81 A.D.2d 570, 441 N.Y.S.2d 402, 1981 N.Y. App. Div. LEXIS 11048

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 1981

StatusPublished

This text of 81 A.D.2d 570 (Arena Construction Co. v. Town of Harrison) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arena Construction Co. v. Town of Harrison, 81 A.D.2d 570, 441 N.Y.S.2d 402, 1981 N.Y. App. Div. LEXIS 11048 (N.Y. Ct. App. 1981).

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Opinion

— In an action to recover damages for breach of contract, the appeals are from two orders of the Supreme Court, Westchester County, both entered June 23, 1980, which (1) denied the defendant’s motion to dismiss the amended complaint and (2) directed the defendant to appear for a pretrial examination by its former architect. Order denying dismissal of the amended complaint affirmed, without costs or disbursements. Order directing defendant to appear at the pretrial examination by its former architect reversed, without costs or disbursements, the branch of plaintiff’s motion which seeks leave to take the pretrial deposition of the architect, Lothrop Associates, by Arthur Clements, is granted and the motion is otherwise denied. The defendant should not have been compelled to appear by its former architect, since the contractual relationship between them terminated in 1977. In view of the special circumstances present in this case, Special Term should have granted the alternative relief requested by the plaintiff and granted leave to examine the architect as a witness pursuant to CPLR 3101 (subd [a], par [4]) (see Rensselaer Polytechnic Inst. v Machnick Constr. Co., 19 AD2d 677). Hopkins, J.P., Laser, Gibbons and Cohalan, JJ., concur.

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— In an action to recover damages for breach of contract, the appeals are from two orders of the Supreme Court, Westchester County, both entered June 23, 1980, which (1) denied the defendant’s motion to dismiss the amended complaint and (2) directed the defendant to appear for a pretrial examination by its former architect. Order denying dismissal of the amended complaint affirmed, without costs or disbursements. Order directing defendant to appear at the pretrial examination by its former architect reversed, without costs or disbursements, the branch of plaintiff’s motion which seeks leave to take the pretrial deposition of the architect, Lothrop Associates, by Arthur Clements, is granted and the motion is otherwise denied. The defendant should not have been compelled to appear by its former architect, since the contractual relationship between them terminated in 1977. In view of the special circumstances present in this case, Special Term should have granted the alternative relief requested by the plaintiff and granted leave to examine the architect as a witness pursuant to CPLR 3101 (subd [a], par [4]) (see Rensselaer Polytechnic Inst. v Machnick Constr. Co., 19 AD2d 677). Hopkins, J.P., Laser, Gibbons and Cohalan, JJ., concur.

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Bluebook (online)

81 A.D.2d 570, 441 N.Y.S.2d 402, 1981 N.Y. App. Div. LEXIS 11048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arena-construction-co-v-town-of-harrison-nyappdiv-1981.

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