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CHURCH v. CALLANAN INDUS.

285 A.D.2d 16 (2001)

729 N.Y.S.2d 545

NED S. CHURCH, an Infant, by WENDY SMITH, His Guardian ad Litem, et al., Respondents, v. CALLANAN INDUSTRIES, INC., Appellant, SAN JUAN CONSTRUCTION AND SALES COMPANY, Appellant-Respondent, and CLOUGH, HARBOUR & ASSOCIATES, Respondent. (And a Third-Party Action.)

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

July 5, 2001.

Attorney(s) appearing for the Case

Ryan & Smallacombe, L. L. P., Albany (Melissa J. Smallacombe of counsel), for appellant.

D'Agostino, Krackeler, Baynes & Maguire, P. C., Menands (Arete K. Sprio of counsel), for appellant-respondent.

Thorn, Gershon, Towne, Tymann & Bonanni, L. L. P., Albany (Arthur H. Thorn of counsel), for Ned S. Church and others, respondents.

Lemery, MacKrell & Greisler, L. L. C., Albany (Daniel J. Tyson of counsel), for Clough, Harbour & Associates, respondent.

OPINION OF THE COURT

MERCURE, J. P.

In this action to recover for injuries sustained in a December 26, 1992 motor vehicle accident on the Thruway, plaintiffs seek to impose tort liability against a subcontractor based upon its alleged failure to install the full length of guiderail specified in a State construction contract that was completed, inspected, accepted and paid for years earlier. We conclude that plaintiffs' theory of liability against such a...

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