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LORNE v. 50 MADISON AVENUE LLC

2871N, 602769/07, 590141/09, 590265/09, 590355/09

73 A.D.3d 621 (2010)

900 N.Y.S.2d 861

SIMON LORNE et al., Respondents, v. 50 MADISON AVENUE LLC et al., Appellants, et al., Defendants. 50 MADISON AVENUE LLC et al., Third-Party Plaintiffs-Appellants, v. RCDOLNER LLC, Third-Party Defendant-Appellant, and COMMODORE CONSTRUCTION CORP., Third-Party Defendant-Respondent, et al., Third-Party Defendants. RCDOLNER LLC, Fourth-Party Plaintiff-Appellant, v. OLYMPIC PLUMBING & HEATING CORP. et al., Fourth-Party Defendants-Respondents, et al., Fourth-Party Defendants. (And a Third-Party Action.)

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

Decided May 25, 2010.

Plaintiff purchasers alleged, inter alia, breach of a condominium purchase/sale agreement and its attendant warranties. The third- and fourth-party actions involved sponsor/general contractor claims against contractors and subcontractors for liability/indemnification arising from allegedly defective workmanship and design. Severance of claims (CPLR 603) was a proper exercise of judicial discretion here, since the sponsor and property...

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