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CASTLE VIL. OWNERS CORP. v. GREATER NY MUTUAL INS.

58 A.D.3d 178 (2008)

868 N.Y.S.2d 189

CASTLE VILLAGE OWNERS CORP., Plaintiff, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY et al., Defendants. (And a Third-Party Action.) LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC., et al., Second Third-Party Plaintiffs-Respondents, v. MUESER RUTLEDGE CONSULTING ENGINEERS, Second Third-Party Defendant-Appellant.

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

December 2, 2008.

Attorney(s) appearing for the Case

Donovan Hatem, LLP, New York City (David M. Pollack, Allison B. Feld and James A. Cardenas of counsel), for appellant.

Sedgwick, Detert, Moran & Arnold, LLP, New York City (Jason D. Turken, Lawrence Klein, Scott D. Greenspan and Aaron F. Mandel of counsel), for respondents.

Before: ANDRIAS, SAXE, SWEENY and DeGRASSE, JJ., concur.

OPINION OF THE COURT

LIPPMAN, P.J.

On May 12, 2005, a 250-foot section of the retaining wall bordering the Castle Village co-op complex collapsed onto the Henry Hudson Parkway, causing a major artery providing access into and out of Manhattan to be shut down and inconveniencing thousands. Remarkably, although there was damage to parked vehicles, no one was injured or killed.

Plaintiff Castle Village commenced this action against, among others, Langan...

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