Corrado v. East End Pool & Hot Tub, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The gravamen of the negligence cause of action in this case is that the work performed under the contract was performed in a less than skillful and workmanlike manner. Such a cause of action sounds in breach of contract, not negligence (see Staten Is. N.Y. CVS, Inc. v Gordon Retail Dev., LLC, 57 AD3d 760, 763 [2008]; Panasuk v Viola Park Realty, LLC, 41 AD3d 804, 805 [2007]). The plaintiffs allegations of negligence are “merely a restatement, albeit in slightly different language, of the . . . contractual obligations asserted in the cause[s] of action [alleg*901ing] breach of contract”…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Panasuk v. Viola Park Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by6 opinions
- Rush v. Swimming Pools by Jack Anthony, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- MacK-cali Realty, L.P. v. Everfoam Insulation Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Phoenix Life Insurance v. Jacob P ILIT AAppellate Division of the Supreme Court of the State of New York · 2014
- Park Edge Condominiums, LLC v. Midwood Lumber & Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Park Edge Condominiums, LLC v. Midwood Lumber & Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.