Legal Opinion

Winer v. Valentino

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

Decided October 16, 2014Published

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Cahill, J.), entered June 10, 2013 in Ulster County, which, among other things, partially granted defendants’ motion to dismiss the complaint.

Plaintiff commenced this action alleging breach of contract and warranty claims against defendant Joseph F. Valentino Jr., as the builder of plaintiff’s new home. The complaint also alleged that Valentino was doing business under the assumed name of J & J Enterprises. After learning that J & J Enterprises was actually the trade name of a corporation identified as Jean M. Valentino, Inc., plaintiff amended the…

2Cases cited13 opinions

  1. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  2. McClure v. . Central Trust Co.New York Court of Appeals · 1900
  3. Tarolli Lumber Co. v. AndreassiAppellate Division of the Supreme Court of the State of New York · 1977
  4. DeAngelis v. Timberpeg East, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Mason v. First Central National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2011

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