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  5. 78 N.Y.2d 282 (1991)
 

BELLEVUE S. ASSOCS. v. HRH

78 N.Y.2d 282 (1991)

Bellevue South Associates, Respondent, v. HRH Construction Corporation et al., Respondents. Circle Industries Corp., Appellant and Third-Party Plaintiff-Appellant, and Masonite Corporation, Appellant and Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Richard A. Rosen for Circle Industries Corporation, appellant.

Jay A. Canel and Stephen D. Davis, of the Illinois Bar, admitted pro hac vice, and Lloyd I. Isler for Masonite Corporation, appellant.

Gerald D. Roth for HRH Construction Corporation and others, respondents.

John M. O'Connor and Donald M. Spector for Bellevue South Associates, respondent.

Michael Hoenig and Jay M. Smyser for The Product Liability Advisory Council, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge TITONE dissents on Masonite's appeal only and, as to that appeal, votes to affirm in a separate opinion.

KAYE, J.

This appeal — in a case seeking damages for the replacement of defective floor tiles throughout plaintiff owner's housing complex — presents two discrete issues: first, whether plaintiff can recover its replacement costs against the tile manufacturer in tort (strict products liability) or is limited to contract remedies and second, whether the flooring subcontractor should...

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