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BOARD OF MANAGERS OF THE 195 HUDSON STREET CONDOMINIUM v. 195 HUDSON STREET ASSOCIATES, LLC

37 A.D.3d 312 (2007)

831 N.Y.S.2d 132

BOARD OF MANAGERS OF THE 195 HUDSON STREET CONDOMINIUM, Plaintiff, v. 195 HUDSON STREET ASSOCIATES, LLC, et al., Defendants, PERFIDO WEISKOPF ARCHITECTS, Respondent, and NEVERSINK CONSTRUCTION CORP. et al., Appellants.

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

Decided February 20, 2007.

Because "the damages sought by plaintiff on all of its causes of action are merely for economic loss," contribution is unavailable (Trump Vil. Section 3 v New York State Hous. Fin. Agency, 307 A.D.2d 891, 897 [2003], lv denied 1 N.Y.3d 504 [2003]). Despite plaintiff's cause of action against Neversink for "injuries in the form of property damage," it is clear that plaintiff is "seeking the benefit of its contractual bargain...

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