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CHILDREN'S v. A. MIRANDA

64 A.D.3d 318 (2009)

879 N.Y.S.2d 418

CHILDREN'S CORNER LEARNING CENTER, Respondent, v. A. MIRANDA CONTRACTING CORP. et al., Defendants. HENRY LOHEAC, P.C., Third-Party Plaintiff-Respondent, v. MF ELECTRICAL SERVICE CO., INC., et al., Third-Party Defendants, and GEORGE E. BERGER & ASSOCIATES, LLC, et al., Third-Party Defendants-Appellants.

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

Decided May 21, 2009.

Attorney(s) appearing for the Case

Gogick, Byrne & O'Neill, LLP, New York City (Anthony W. Vaughn, Jr. of counsel), for George E. Berger & Associates, LLC, appellant.

Zeichner Ellman & Krause LLP, New York City (Bryan D. Leinbach and Barry J. Glickman of counsel), for JAM Consultants, Inc., appellant.

Ellen Rothstein, New York City, for Children's Corner Learning Center, respondent.

Milber Makris Plousadis & Seiden, LLP, Woodbury (Sarah M. Ziolkowski and Lorin A. Donnelly of counsel), for Henry Loheac, P.C., respondent.

GONZALEZ, P.J., ANDRIAS, MOSKOWITZ and RENWICK, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.

In March 2004, plaintiff retained defendant Henry Loheac, P.C. to provide architectural services for plaintiff's planned conversion of premises it leased into a day care center. Plaintiff alleges that it advised Loheac that it intended to begin operating the day care center in January 2005. Plaintiff also claims that Loheac assured it that all necessary construction permits...

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