Opinion
July 27, 1998
Appeal from the Supreme Court, Suffolk County (Hall, J.).
Ordered that the order dated January 29, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated March 5, 1997, is affirmed; and it is further,
Ordered that the defendant Riverhead Central School District is awarded one bill of costs.
The Supreme Court properly dismissed the first and third cross claims asserted by the defendant Britelite Electric, Plumbing Heating, Inc. (hereinafter Britelite), against the defendant Riverhead Central School District, since Britelite failed to serve the requisite notice of claim (see, Education Law § 3813, [2-a]). The third cross claim, alleging breach of the contract between Britelite and the school district, was barred on the further ground that it was untimely, having been asserted more than three years after the claim accrued (see, Education Law § 3813, [2-b]). The second cross claim, seeking indemnity or contribution from the school district, failed to state a cause of action. The complaint and cross claims seek damages for economic loss resulting from an alleged breach of contract, and present no issue of tort liability. Therefore, a claim for contribution or indemnity is legally untenable (see, CPLR 1401; Board of Educ. v. Sargent, Webster, Crenshaw Folley, 71 N.Y.2d 21; Wecker v. Quaderer, 237 A.D.2d 512; Politte v. Sherman, 168 A.D.2d 761; Dormitory Auth. v. Scott, 160 A.D.2d 179).
Britelite's remaining contentions are without merit.
Miller, J. P., Altman, McGinity and Luciano, JJ., concur.