Opinion · Nylaw New York

R.H. BOWMAN ASSOCIATES, INC. v. DANSKIN, 43 A.D.2d 621 [3d Dept 1973]

R.H. BOWMAN ASSOCIATES, INC., Respondent, v. RICHARD DANSKIN, Appellant., 43 A.D.2d 621 (Appellate Division of the Supreme Court of New York, Third Department. 1973)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1973-11-08
Topic: general

R.H. BOWMAN ASSOCIATES, INC. v. DANSKIN, 43 A.D.2d 621 [3d Dept 1973] R.H. BOWMAN ASSOCIATES, INC., Respondent, v. RICHARD DANSKIN, Appellant.Appellate Division of the Supreme Court of New York, Third Department.

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UpLaw has not yet analyzed R.H. BOWMAN ASSOCIATES, INC. v. DANSKIN, 43 A.D.2d 621 [3d Dept 1973]. The absence of a flag is not a finding that it is good law.

R.H. BOWMAN ASSOCIATES, INC. v. DANSKIN,43 A.D.2d 621[3d Dept 1973]

R.H. BOWMAN ASSOCIATES, INC., Respondent, v. RICHARD DANSKIN, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

November 8, 1973

Judgment, Supreme Court, Schenectady County, entered on FebruaryPage 6226, 1973, affirmed, with costs. No opinion. Herlihy, P.J., Staley, Jr., Cooke and Main, JJ., concur; Kane, J., dissents and votes to reverse in the following memorandum.

Kane, J. (dissenting):

I find the decision of the trial court to be against the weight of evidence. The record demonstrates that defendant performed his professional services with that degree of care and skill required of those engaged in his profession within the locality. He did not guarantee the accuracy of his work and justifiably relied upon the accuracy of the map of the water district to locate water lines.