Bellevue South Associates v. HRH Construction Corp.

OPINION OF THE COURT

Kaye, J.

This appeal — in a case seeking damages for the replacement of defective floor tiles throughout plaintiff owner’s housing complex — presents two discrete issues: first, whether plaintiff can recover its replacement costs against the tile manufacturer in tort (strict products liability) or is limited to contract remedies and second, whether the flooring subcontractor should be indemnified by the tile manufacturer on a theory of breach of implied warranty.

For the reasons that follow, we conclude that plaintiffs tort claim against the tile manufacturer should have…