A & E STORES, INC. v. U.S. TEAM, INC.


63 A.D.3d 486 (2009)

880 N.Y.S.2d 634

A & E STORES, INC., Respondent, v. U.S. TEAM, INC., Defendant, and RUBEN GROSS ASSOCIATES, ARCHITECTS, P.A., Appellant.

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

Decided June 9, 2009.


Plaintiff seeks contribution, indemnification and damages for breach of contract in connection with an underlying action for personal injuries sustained by a customer in a trip and fall on interior stairs in plaintiff's store. It is alleged that RGA designed, and that defendant U.S. Team, Inc. constructed, the subject stairs.

As plaintiff acknowledges, the contribution claim should have been dismissed, since plaintiff settled the underlying personal injury action...

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