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RUDEY v. BROWN, HARRIS, STEVENS, INC.

254 A.D.2d 133 (1998)

679 N.Y.S.2d 296

John M. Rudey et al., Plaintiffs, v. Brown, Harris, Stevens, Inc., Defendant. Silver, Inc., Formerly Known as Brown, Harris, Stevens, Inc., Third-Party Plaintiff-Respondent, v. 1030 Fifth Avenue Corporation et al., Third-Party Defendants, and Landmarks Preservation Commission of the City of New York, Third-Party Defendant-Appellant

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

October 20, 1998

Since the complaint in the main action does not sound exclusively as one for breach of contract, but premises the right to recovery as well upon an independent negligence theory, defendant and third-party plaintiff managing agent may assert a claim for contribution against third-party defendant Landmark Commission (see, Crosby v Ogden Servs. Corp., 236 A.D.2d 220). The Landmark Commission...

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