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ELKMAN v. SOUTHGATE OWNERS CORP.

246 A.D.2d 314 (1998)

668 N.Y.S.2d 11

Steven M. Elkman et al., Plaintiffs, v. Southgate Owners Corp., Defendant and Third-Party Plaintiff-Appellant-Respondent. Piscane Midtown Corporation, Third-Party Defendant-Respondent-Appellant

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

January 6, 1998

The claim for contribution was properly dismissed on the ground that the only damages alleged by the tenants are for economic loss resulting from a breach of contract (CPLR 1401; see, Board of Educ. v Sargent, Webster, Crenshaw & Folley, 71 N.Y.2d 21, 26), i.e., the warranty of habitability under Real Property Law § 235-b. However, the claim for indemnification was properly sustained, and the parties' respective motions...

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