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Hotel 57 LLC v. Integral Contracting Inc.

Fourth-Party Defendant Granted Judgment on Pleadings in Hotel's Suit Over Wallcoverings

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ADDITIONAL CASES Integral Countracting Inc., Counter-Plaintiff v. Hotel 57 L.L.C., Counter-Defendant Integral Contracting Inc., Third-Party Plaintiff v. Paramount Painting Group, LLC and Jolie Papier Ltd, Third-Party Defendants Paramount Painting Group, LLC, Fourth-Party Plaintiff v. Ohannes Gunusen, Fourth-Party Defendant MEMORANDUM OPINION AND ORDER Plaintiff Hotel 57 LLC (“Hotel 57″), the owner of the Four Seasons Hotel New York (the “Hotel”), brings this action seeking to recover for the failed installation of replacement wallcovering in the Hotel’s guestrooms and corridors. Hotel 57 filed suit against its contractor, Defendant Integral Contracting Inc. (“Integral”). Integral, in turn, impleaded its subcontractor, Third-Party Defendant Paramount Painting Group, LLC (“Paramount”). Paramount, for its part, impleaded pro se Fourth-Party Defendant Ohannes Gunusen, the supplier of the wallcovering. Before the Court is Gunusen’s motion for judgment on the pleadings, seeking dismissal of the Fourth-Party Complaint of Paramount. ECF No. 59 (Mot.). For the reasons stated below, Gunusen’s motion is GRANTED. I. BACKGROUND In 2015, Plaintiff Hotel 57 embarked on an extensive renovation of the Hotel that cost more than $120 million. ECF No. 1 (Compl.) 23. Recognizing that the wallcoverings used in the Hotel were “an essential aspect of the Hotel’s design,” Hotel 57 decided to replace the existing wallcovering in most of the guestrooms and certain corridors of the Hotel with a custom silk variety. Id.

33-34, 37. The replacement wallcovering was supplied by Jolie Papier Ltd., a reputable New York-based wallcovering supplier, id. 37, through Gunusen, an interior finishes dealer, see ECF No. 40 (Fourth-Party Compl.)

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