On March 27, 2024, the Second Department issued a decision in Michael Anthony Contr. Corp. v. Queens N.Y. Realty, LLC, 2024 NY Slip Op. 01704, holding that there can be no contribution claim without a duty owed to the plaintiff or the defendant seeking contribution, explaining:
A codefendant can only recover on a claim for contribution where there has been a demonstration that the party from whom contribution is sought owed a duty either to the party asserting the claim or to the injured party and that a breach of this duty contributed to the alleged injuries. Here, the Hyman Hayes defendants established, prima facie, that HHA did not owe a duty to Queens Realty or to MACC, or a duty of reasonable care independent of its contractual obligations to M/E Engineering. In opposition, the M/E defendants failed to raise a triable issue of fact. Furthermore, in opposition to the Hyman Hayes defendants’ prima facie showing of entitlement to judgment as a matter of law dismissing the M/E defendants’ cross-claim for indemnification insofar as asserted against HHA, the M/E defendants also failed to raise a triable issue of fact.
(Internal citations omitted).