Bellevue South Associates v. HRH Construction Corporation, Circle Industries Corp., and Third-Party and Masonite…

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff's strict products liability claim against Masonite, holding that the claim was limited to contract remedies, and reversed the lower court's dismissal of Circle's implied warranty indemnity claim, directing that it be submitted to a jury. Justice Titone dissented, arguing that strict liability should apply to the economic losses incurred to eliminate a dangerous product.