SOUND REFRIGERATION AND AIR CONDITIONING, INC. v. ALL CITY TESTING & BALANCING CORP.

2010-01477.

84 A.D.3d 1349 (2011)

924 N.Y.S.2d 172

SOUND REFRIGERATION AND AIR CONDITIONING, INC., Respondent, v. ALL CITY TESTING & BALANCING CORP., Defendant/Third-Party Plaintiff/Third Third-Party Plaintiff-Appellant, et al., Defendant. TELELABS INC. et al., Third-Party Defendant; PROFESSIONAL TELECONCEPTS, INC., Second Third-Party Defendant/Third Third-Party Defendant-Respondent.

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

Decided May 31, 2011.


Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the third third-party complaint on the ground that contribution is barred by the economic loss doctrine is denied.

"[P]urely economic loss resulting from a breach of contract does not constitute `injury to property' within the meaning of New York's contribution statute [CPLR 1401 ]" (Board of Educ. of Hudson City School Dist. v Sargent, Webster, Crenshaw & Folley,

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