Legal Opinion

Corrado v. East End Pool & Hot Tub, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2010PublishedCited by 6 opinions

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

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  5. 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

  1. Rush v. Swimming Pools by Jack Anthony, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. MacK-cali Realty, L.P. v. Everfoam Insulation Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Phoenix Life Insurance v. Jacob P ILIT AAppellate Division of the Supreme Court of the State of New York · 2014
  4. Park Edge Condominiums, LLC v. Midwood Lumber & Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Park Edge Condominiums, LLC v. Midwood Lumber & Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

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