The trial evidence, fairly considered, permitted the trial court to conclude that the third-party claim for architectural malpractice of 20 East 9th Street Apartment Corporation (the Co-op) against its former architect, Ivan Brice, had not been proved ( see Claridge Gardens, Inc. v. Menotti, 160 A.D.2d 544, 544-545). The Co-op failed to meet its burden to adduce credible expert testimony that Brice's plans and specifications deviated from locally prevailing standards of architectural practice ( see 530 E. 89 Corp. v. Unger, 43 N.Y.2d 776, 777). Nor was the Co-op's evidence of the "as built" condition of the terrace parapets in any measure probative of the alleged architectural malpractice, since there was no proof that Brice supervised the construction or that he authorized the contractor's departures from his plans and specifications.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.