State University Construction Fund v. United Technology Corp.

Appeal, in Action No. 2, from an' order of the Supreme Court at Special Term, entered May 2, 1979 in Albany County, which denied third-party defendants’ motions for summary judgment. Plaintiff entered into a^contract with defendant Bartholomew as architect for the construction of a chilled water system at the State University of New York at Stony Brook. Bartholomew substituted materials, contrary to the contract specifications, which were procured from United Technology Corporation (UTC) and Posi-Seal International (Posi-Seal). Thereafter, leaks developed and plaintiff commenced this action.…