R. H. Bowman Associates v. Danskin, 43 A.D.2d 621

R. H. Bowman Associates v. Danskin

43 A.D.2d 621 | N.Y. App. Div. | 1973

Lead Opinion

Judgment, Supreme Court, Schenectady County, entered on Febru*622arv 6, 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.

Dissenting Opinion

Kane, J.

(dissenting): I find the decision of the trial court to he 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.