Tri-Delta Aggregates, Inc. v. Chautauqua County

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: As third-party plaintiff, Chautauqua County (County), concedes on appeal, Supreme Court erred in denying that part of the motion of third-party defendant, URS Consultants, Inc. (URS), for summary judgment dismissing the County’s fifth cause of action seeking contribution for any economic loss sustained by plaintiff, Tri-Delta Aggregates, Inc. (Tri-Delta), resulting from the alleged breach by the County of its contract with Tri-Delta (see, Board of Educ. v Sargent, Webster,…