New York Court of Appeals
Nassau Roofing & Sheet Metal Co., Inc. v. Facilities Development Corporation, Formerly Health and Mental Hygiene…
April 28, 198871 N.Y.2d 599
Summary
The New York Court of Appeals affirmed the dismissal of Celotex Corporation’s third‑party contribution claim against Construction Consultants, Inc., holding that the consultants did not cause or contribute to the same injury – the defective roof – for which Celotex was liable. The court rejected Celotex’s argument that a successor tort‑feasor theory could supply a contribution basis.