Legal Opinion

Westmount International Hotels, Inc. v. Sear-Brown Associates

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 1984Published

1Opinion of the Court

Order reversed, on the law, with costs to defendant, defendant’s motion granted and complaint dismissed. Memorandum: Special Term erred in denying defendant’s motion for summary judgment dismissing the complaint in this action based on alleged professional engineering malpractice. Plaintiffs allege that they retained defendant to determine whether a commercial structure they owned had adequate capacity to support the additional weight of a new ballasted roof system; that defendant performed its structural analysis using the working stress design method — a method concededly accepted in the…

2Cases cited5 opinions

  1. Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
  2. Schreiber v. CestariAppellate Division of the Supreme Court of the State of New York · 1972
  3. Gielskie v. StateAppellate Division of the Supreme Court of the State of New York · 1960
  4. Gielskie v. StateNew York Court of Appeals · 1961
  5. Zito v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1980

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