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NEW YORK METHODIST HOSPITAL v. CARRIER CORPORATION

2008-11295

68 A.D.3d 830 (2009)

2009 NY Slip Op 9197

892 N.Y.S.2d 110

NEW YORK METHODIST HOSPITAL, Appellant, v. CARRIER CORPORATION, Respondent.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

"The economic loss doctrine provides that tort recovery in strict products liability and negligence against a manufacturer is not available to a downstream purchaser where the claimed losses flow from damage to the property that is the subject of the contract, and personal injury is not alleged or at issue" (Weiss v Polymer Plastics Corp., 21 A.D.3d 1095, 1096 [2005]; see...

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