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CHATHAM TOWERS, INC. v. CASTLE RESTORATION & CONSTR., INC.

4152. 651561/13. 595441/15.

151 A.D.3d 419 (2017)

2017 NY Slip Op 04369

56 N.Y.S.3d 74

CHATHAM TOWERS, INC., Plaintiff, v. CASTLE RESTORATION & CONSTRUCTION, INC., et al., Defendants. CASTLE RESTORATION & CONSTRUCTION, INC., Third-Party Plaintiff-Appellant, v. JPI CONSTRUCTION & MANAGEMENT SERVICES, INC., et al., Third-Party Defendants, and HOWARD L. ZIMMERMAN ARCHITECT P.C., Third-Party Defendant-Respondent.

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

Decided June 1, 2017.

The court properly dismissed Castle's common-law contribution claim against Zimmerman. Although Castle attempted to cast plaintiff Chatham Towers, Inc.'s (Chatham) claims, as set forth in the underlying complaint, as sounding in tort, the claims were actually all based on alleged breaches of a contract between Chatham and Castle. Thus, because Chatham sought only to enforce the benefit of its bargain with Castle, its damages were...

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