450 Gin Lane SH, LLC v. Gentry Constr. Co., Inc.

Summary

The Appellate Division, Second Department affirmed dismissal of a contractor's third-party claims for common-law indemnification, contribution, and negligence against an architect and structural engineer. The court held that the contractor was not merely vicariously liable, contribution was unavailable for purely economic losses arising from contractual claims, and the negligence claims were barred by the three-year statute of limitations for architectural malpractice.

Holdings

1. Common-law indemnification was unavailable because the complaint alleged that Gentry's own conduct caused the plaintiff's loss, rather than alleging that Gentry's potential liability was solely vicarious and passive.
2. Contribution was unavailable because the alleged damages were exclusively economic losses arising from breach of contract and did not constitute injury to property under CPLR 1401.
3. The negligence claims against Shope and Destefano & Chamberlain were time-barred because the third-party action was commenced more than three years after completion of the work and Gentry failed to establish a toll or otherwise raise a factual issue.

Questions Presented

1. Whether Gentry could maintain common-law indemnification claims against the architect and structural engineer when the complaint alleged that Gentry itself caused the claimed loss through defective construction.
2. Whether contribution was available where the alleged damages were purely economic losses arising from breach of contract rather than injury to property.
3. Whether the negligence claims against the architect and structural engineer were barred by the three-year statute of limitations for professional malpractice.

Disposition

affirmed