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ROCKEFELLER UNIV. v. TISHMAN CONSTR. CORP. OF NEW YORK

232 A.D.2d 155 (1996)

647 N.Y.S.2d 513

Rockefeller University, Plaintiff, v. Tishman Construction Corporation of New York, Defendant and Third-Party Plaintiff-Appellant. Abramovitz-Harris-Kingsland, Third-Party Defendant-Respondent, et al., Third-Party Defendants. (And a Fourth-Party Action.) Rockefeller University, Respondent, v. Tishman Construction Corporation of New York, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. Century Maxim Construction Corp. et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 1, 1996

The motion court properly dismissed Tishman's contribution causes of action, since the complaint in the main action by the project owner sought damages for economic loss resulting from a breach of contract, the tort language therein notwithstanding (see, Bocre Leasing Corp. v General Motors Corp., 84 N.Y.2d 685), and absent some form of tort liability, contribution is unavailable (see, Board of Educ. v Sargent, Webster...

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