Prince of Peace Lutheran Church v. Hibner

In an action against an architect to recover damages for defective design and failure to supervise construction, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County, dated September 5, 1972, as, upon reargument, dismissed the complaint and denied plaintiff’s cross motion to dismiss the affirmative defense contained in defendant’s answer, with costs of the action to defendant. Order reversed insofar as appealed from, without costs, defendant’s motion to dismiss the complaint denied and plaintiff’s cross motion to dismiss the affirmative…