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WHALEN v. 50 SUTTON PLACE SOUTH OWNERS, INC.

276 A.D.2d 356 (2000)

714 N.Y.S.2d 269

RICHARD J. WHALEN et al., Respondents, v. 50 SUTTON PLACE SOUTH OWNERS, INC., Appellant and Third-Party Plaintiff. ARCHITECT FRANK LO PRESTO, P. C., Third-Party Defendant-Respondent. 50 SUTTON PLACE SOUTH OWNERS, INC., Second Third-Party Plaintiff, v. BERGER RAIT DESIGN ASSOCIATES, INC., et al., Second Third-Party Defendants-Respondents.

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

Decided October 17, 2000.

On November 8, 1996, defendant residential cooperative 50 Sutton Place South Owners, Inc. approved plans submitted by plaintiffs to renovate their apartment, which plans revealed an intent to increase the apartment's electrical power supply. Prior to approval, the plans were reviewed by the cooperative's architect, third-party defendant Lo Presto. The cooperative provided plaintiffs with an alteration agreement and authorized them to commence work on Monday, November 11,...

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