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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)

Citation
Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Parent Document
Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Jurisdiction
New York (state)
Effective Date
2006-01-10

Full Text

956 chars
The motions to dismiss were predicated on contentions that: (1) Edge seeks recovery for purely economic losses from the Blank Trust and contribution is not available for such losses, but only for personal injury, injury to property, and wrongful death; (2) the Blank Trust admitted that it had no contract *366with any of the third-party defendants, which is a necessity in a contractual indemnification claim; and (3) since Edge only seeks to hold the Blank Trust liable for causing economic damages arising from its breach of the leasehold obligation to keep unit 8E in safe condition, and not vicariously liable for a statutory violation, common-law indemnification is not available. These same arguments were later adopted by third-party defendant Irmas in her motion to dismiss. However, by order entered October 4, 2004, the court ruled the Trust’s contractual indemnification as against her was sustained. Defendant and Third-Party Plaintiffs Appeal