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CALDWELL v. TWO COLUMBUS AVENUE CONDOMINIUM

38 A.D.3d 474 (2007)

834 N.Y.S.2d 42

CLARA CALDWELL et al., Plaintiffs, v. TWO COLUMBUS AVENUE CONDOMINIUM et al., Defendants. TWO COLUMBUS AVENUE CONDOMINIUM et al., Third-Party Plaintiffs-Respondents, v. DESIMONE, CHAPLIN AND DOBRYN CONSULTING ENGINEERS, P.C., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

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

Decided March 29, 2007.

The third-party complaint, liberally construed (see EBC I, Inc. v Goldman, Sachs & Co., 5 N.Y.3d 11, 19 [2005]) and as amplified by the report of the engineer retained by the condominium, provides no detail of any type that the water infiltration was caused by structural defects attributable to the design of the building. Thus, the complaint fails to state a cause of action against third-party defendants-appellants and the motion...

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