S.S.D.W. Co. v. Brisk Waterproofing Co.

Order, Supreme Court, New York County (Martin B. Stecher, J.), entered February 18, 1988, which granted defendant-respondent’s motion for summary judgment dismissing the complaint and which, sua sponte, also dismissed the third-party complaint, modified, on the law, to reinstate the complaint only to the extent that it seeks damages for losses to portions of the building not included in the contractual work and to reinstate the third-party complaint, and otherwise affirmed, without costs.

Plaintiff-appellant, the owner of Carnegie Towers located at 115 East 87th Street in Manhattan, entered…