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BOARD OF MGRS. OF THE PORTER HOUSE CONDOMINIUM v. DELSHAH 60 NINTH LLC

Index No. 157034/18. Appeal No. 13278. Case No. 2020-02243.

192 A.D.3d 415 (2021)

144 N.Y.S.3d 10

2021 NY Slip Op 01318

Board of Managers of the Porter House Condominium, Plaintiff, v. Delshah 60 Ninth LLC, Respondent-Appellant, Michael K. Shah, Respondent, and Antonio Di Oronzo, R.A., Appellant-Respondent.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Joseph V. Cambareri of counsel), for appellant-respondent.

Woods Oviatt Gilman, LLP, Buffalo ( Robert C. Carbone of counsel), for respondent-appellant/respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Di Oronzo argues correctly that, in general, common-law indemnification is not available when the primary claim alleges breach of contract resulting from the breaching party's own conduct (Chatham Towers, Inc. v Castle Restoration & Constr., Inc., 151 A.D.3d 419 [1st Dept 2017]). However, in the construction context, a party may seek common-law indemnification from a construction professional where "the [party] itself was compelled...

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