Yelland v. Weissman

Appeal from an order of the Supreme Court (Torraca, J.), entered August 13, 1990 in Ulster County, which granted defendants’ motion to dismiss the second cause of action in the complaint.

Defendants purchased a single-family dwelling m 1984 and resided therein until 1986 when they purchased a larger residence. Upon moving into their new home they leased their first home to Vicky Westland and Stephen Westland for a period of two years, with an option to renew for an additional two-year period. During the term of that lease defendants contracted with plaintiff to paint their first home. They did…