Municipal Housing Authority v. Crozier Philippi Associates

—Casey, J. Appeal from an order of the Supreme Court (Harris, J.), entered December 30, 1991 in Albany County, which, inter alia, granted third-party defendant’s motion for summary judgment dismissing the third-party complaint and plaintiff’s cause of action for negligence.

Regardless of whether plaintiff’s complaint, which asserts a single cause of action, is construed to allege professional malpractice or breach of contract, the scope of evidence admissible on the issue of liability is the same (see, Sears, Roebuck & Co. v Enco Assocs., 43 NY2d 389, 396). The damages recoverable in a tort…