N.Y. Court Denies 3rd-Party Design Engineer's Motion for Summary Judgment

NEW YORK - A New York trial court on April 14 denied design engineers' motion for summary judgment for lack of specificity, saying plaintiffs can engage in discovery to support their defective design claims. Caldwell v. Two Columbus Avenue Condominium, et al. (N.Y. Sup. Ct., N.Y. Cty.).

Two related firms, DeSimone Consulting Engineers PLLC and DeSimone Chaplin and Dobryn Consulting Engineers ('DeSimone') moved to dismiss third-party claims brought against them by managers and owners of a condominium building in New York.

Plaintiffs Clara and John Caldwell allege physical injury and other damage from mold in their condominium unit. They sued …