In a decision, dated December 12, 2023, the Hon. Debra A. James granted the motion brought by our client, Adelphi Restoration Corp., and dismissed the third-party plaintiffs’ complaint in its entirety as a matter of law with prejudice. The third-party plaintiffs alleged damage to their apartment due to water damage that was penetrating the exterior moisture barrier. In reaching its decision, the Court determined that the negligence cause of action was dismissed as time barred. The common law and contribution claims were dismissed as the claims against our client were for purely economic damages. Finally, the claim for common law indemnity was dismissed for the failure to state a cause of action as the third-party plaintiff would never be liable to another due to Adelphi’s alleged negligence.
Anthony Gordon v. 476 Broadway Realty Corp. et al., Index No. 103951/2012 (Sup. Ct. N.Y. Co., Dec. 12, 2023)