Legal Opinion
Diocese of Rochester v. R-Monde Contractors, Inc.
New York Supreme Court
Decided November 30, 1989PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
David O. Boehm, J.
This case presents an issue of apparent first impression in this State; whether an architect, who allegedly failed to make adequate periodic inspections during construction and thereby failed to learn of defects in the work, is immune from liability by virtue of a contract provision stating that he will not be responsible for the contractor’s acts or omissions.
In these consolidated actions plaintiffs, the Diocese of Rochester, New York, and St. Theodore’s Church of Gates, New York, seek to recover damages sustained at the church after a fire which, it is…
2Cases cited11 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- Hunt v. Ellisor & Tanner, Inc., Texas Court of Appeals, 5th District (Dallas)1987
- Moundsview Independent School District No. 621 v. Buetow & Associates, Inc.Supreme Court of Minnesota · 1977
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3Cited by4 opinions
- Wax NJ-2, LLC v. JFB Construction & DevelopmentDistrict Court, S.D. New York · 2015
- 306 East 61st Street Corp. v. 303 East 60th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
- Capstone Enterprises of Port Chester, Inc. v. Board of Education Irvington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
- Capstone Enterprises of Port Chester, Inc. v. Board of Education Irvington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2013