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AMERICON CONSTR., INC. v. CIROCCO & OZZIMO, INC.

Index No. 657158/19. Appeal No. 15990. Case No. 2021-01590.

205 A.D.3d 568 (2022)

169 N.Y.S.3d 582

2022 NY Slip Op 03342

Americon Construction, Inc., Doing Business as Americon-Hitt, Respondent, v. Cirocco & Ozzimo, Inc., et al., Defendants, and The Laquila Group Inc., Respondent/Third-Party Plaintiff-Respondent. Thornton Tomasetti, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided May 24, 2022.

Attorney(s) appearing for the Case

Quinn McCabe LLP, New York (Matthew S. Quinn of counsel), for appellant.

Peckar & Abramson, P.C., New York (Gregory H. Chertoff of counsel), for Americon Construction Inc., respondent.

Morris Duffy Alonso Faley & Pitcoff, New York (Iryna S. Krauchanka, and Kevin G. Faley of counsel), for The Laquila Group Inc. respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Mendez, Higgitt, JJ.

The motion court should have dismissed Laquila's contribution claim against Thornton, because the underlying claim by Americon against Laquila was for purely economic loss resulting from a breach of contract (see generally CPLR 1401; Children's Corner Learning Ctr. v A. Miranda Contr. Corp., 64 A.D.3d 318, 323-324 [1st Dept 2009]). Although the complaint also alluded to property damage, the only damages that Americon sought...

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