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NASSAU ROOFING v. DEV. CORP.

71 N.Y.2d 599 (1988)

Nassau Roofing & Sheet Metal Co., Inc., Plaintiff, v. Facilities Development Corporation, Formerly Health and Mental Hygiene Facilities Improvement Corporation, Respondent, et al., Defendants; Celotex Corporation, Defendant and Third-Party Plaintiff-Appellant, and Construction Consultants, Inc., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

Court of Appeals of the State of New York.

Decided April 28, 1988.

Attorney(s) appearing for the Case

Dan M. Rice, Craig M. Nisnewitz and Michael S. Torre for defendant and third-party plaintiff-appellant.

John Carter Rice, Edward M. Douglas and Charles B. Stockdale for third-party defendant-respondent.

Robert Abrams, Attorney-General (Richard J. Dorsey, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

When a newly installed roof failed, a construction consultant advised the owner that it must be removed and replaced. The consultant claimed the cause was defective insulation and that the supplier of the insulation should pay the cost of replacing the roof. The insulation supplier, however, contended that the insulation was not defective, that the roof was sound, and the construction consultant...

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