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CHARLEBOIS v. WELLER ASSOCS.

72 N.Y.2d 587 (1988)

Claude Charlebois et al., Appellants, v. J.M. Weller Associates, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1988.

Attorney(s) appearing for the Case

Leslie F. Couch for appellants.

Peter A. Firth for respondent.

Norman A. Coplan for New York State Association of Architects, Inc., amicus curiae.

Kriss & Kriss for the New York State Society of Professional Engineers, Inc., amicus curiae.

Robert E. Diaz, Frederick W. Burgess and Donald O. Meserve for Board of Regents and State Education Department, amicus curiae.

Verne O'Dell for General Building Contractors of New York State, Inc., amicus curiae.

Chief Judge WACHTLER and Judges KAYE and HANCOCK, JR., concur with Judge BELLACOSA; Judge ALEXANDER dissents and votes to reverse in a separate opinion in which Judges SIMONS and TITONE concur.

BELLACOSA, J.

Claude and Lesley Charlebois contracted with J.M. Weller Associates, Inc. (Weller Assocs.) for a new warehouse and an addition to an existing building from which the Charleboises operate their beer distributorship business. The contract, a standard agreement of the Associated General Contractors of America, called for a construction team consisting of contractor Weller Assocs., the owners Charleboises...

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