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HAGERSTOWN ELDERLY ASSOCIATES LTD. v. HAGERSTOWN ELDERLY BUILDING ASSOCIATES LTD.

No. 29, Sept. Term, 2001.

793 A.2d 579 (2002)

368 Md. 351

HAGERSTOWN ELDERLY ASSOCIATES LIMITED PARTNERSHIP v. HAGERSTOWN ELDERLY BUILDING ASSOCIATES LIMITED PARTNERSHIP, H.B. Alexander, Inc., and Seaboard Surety Company. Houck & Company, Inc. v. Dryvit Systems, Inc.

Court of Appeals of Maryland.

March 12, 2002.

Attorney(s) appearing for the Case

Paul B. Bech (Bazelon, Less & Feldmaln, P.C., Philadelphia, PA; Leslie A. Powell of Law Offices of Leslie Powell, Frederick), for Appellants/Cross-Appellees.

Scott Patrick Burns (James C. Fraser of Tydings & Rosenberg, LLP, on brief), Baltimore, Patriia M. Thornton (Bacon, Thornto & Palmer, LLP, on brief), Lanham, (Russell R. Marks, Gilbert, Marks & Digirolamo, P.A., Hagerstown, on brief; Thomas A. Beckley, John G. Milakovic of Beckley & Madden, Harrisburg, on brief) (John J. O'Neill, Jr., of Rockville, on brief), for Appellees/Cross-Appellants.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, HARRELL, BATTAGLIA and KARWACKI, ROBERT L. (Retired, specially assigned), JJ.

RAKER, J.

Appellant, Hagerstown Elderly Associates Limited Partnership, is the owner of a public housing facility in Hagerstown, Maryland known as Elizabeth Court. On or about October 14, 1995, a portion of an exterior wall of the eleven-story building fell to the ground. A year later, on October 16, 1996, appellant filed suit in the Circuit Court for Washington County against appellees Hagerstown Elderly Building Associates (HEBA), the contractor that erected the...

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