John W. Cowper Co. v. Buffalo Hotel Development Venture

Judgment unanimously modified, on the law, by granting a new trial solely on the issue of defects claimed as offsets by defendants, and, as modified, affirmed, without costs. Memorandum: In this action which arises out of the construction of a 500-room Buffalo Hilton Hotel and parking garage in Buffalo, New York, defendants appeal from a jury verdict awarding damages to plaintiff. On August 7, 1978 plaintiff as general contractor entered into a standard American Institute of Architects contract for the erection of the structure with defendant Buffalo Hotel Development Venture as owner. The…