63rd & 3rd NYC LLC v. ADVANCED CONTRACTING SOLUTIONS, LLC

Index No. 656164/19, Appeal No. 1387, Case No. 2022-02104.

2024 NY Slip Op 00120

63rd & 3rd NYC LLC, ET AL., Plaintiffs, v. ADVANCED CONTRACTING SOLUTIONS, LLC, ET AL., Defendants-Respondents. ADVANCED CONTRACTING SOLUTIONS, LLC, ET AL., Third-Party Plaintiffs-Respondents, v. DOMANI INSPECTION SERVICES, INC., ET AL, Third-Party Defendants-Appellants.

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

Decided January 11, 2024.


Attorney(s) appearing for the Case

Byrne & O'Neill, LLP, New York ( John M. Rondello, Jr. of counsel), for Domani Inspection Services, Inc., appellant.

Marshall, Dennehey Warner Coleman & Goggin, P.C., New York ( Ian J. Antonoff of counsel), for Pillori Associates, P.A., appellant.

Ahmuty, Demers & McManus, Albertson ( Timothy J. Layer of counsel), for respondents.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Arthur Engoron, J.), entered April 15, 2022, which, insofar as appealed from, denied third-party defendants' motions to dismiss the third-party claims seeking contribution and common-law indemnification against them, unanimously modified, on the law, to grant such motions to the extent of dismissing the common-law indemnification claim, and otherwise affirmed, without costs.

A claim for contribution is available under CPLR 1401...

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