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TOWER BUILDING RESTORATION, INC. v. 20 EAST 9TH STREET APARTMENT CORP.

295 A.D.2d 229 (2002)

744 N.Y.S.2d 319

TOWER BUILDING RESTORATION, INC., Plaintiff, v. 20 EAST 9TH STREET APARTMENT CORP. et al., Defendants. (And a Third-Party Action.) IVAN BRICE, Fourth-Party Plaintiff-Respondent, v. LANE ENGINEERIING CONSULTING, P.C., Fourth-Party Defendant-Appellant.

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

Decided June 20, 2002.

Contrary to fourth-party defendant Lane Engineering's argument, fourth-party plaintiff Brice's claim for contribution against it is not subject to dismissal for Brice's failure to demonstrate privity with it, the other alleged wrongdoer. All that must be shown by Brice to set forth a viable claim for contribution is that both parties owed a duty to third-party plaintiff and that both contributed to third-party plaintiff's harm by breaching their respective duties (see...

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