Firm Fails to Persuade Court to Dismiss Contribution Claim

NEW YORK - A New York trial court has denied an engineering firm's motion to dismiss third-party claims for contribution in a mold and water damage case, saying that such claims are not barred when they are based on allegations of negligence rather than breach of contract. Dundy v. Hanover River House Inc., et al., No. 108394/2006 (N.Y. Sup., N.Y. Cty.).

New York County Supreme Court Justice Joan A. Madden also rejected Rand Engineering and Architecture's assertion that Hanover River House Inc. cannot pursue its claim without reliance on an expert witness. That issue cannot be decided at this stage …