Legal Opinion
Tomasello Bros. v. Friedman
New York Supreme Court
Decided May 27, 1968PublishedCited by 9 opinions
1Opinion of the CourtFrank A. Q-ttlotta, J.
This is a motion, referred from Queens County, to vacate an order of attachment on the ground that the complaint fails to state a cause of action.
Some years ago the plaintiff, a mason contractor, contracted to do the brick work on some multiple dwellings to be erected by the corporate defendant, 24 Eock Corporation, in Queens County. The individual defendants are the principals of the corporation.
When the buildings were completed, the exterior walls leaked, and 24 Eock Corp. sued the plaintiff, claiming breach of warranty and use of an improper mortar mix. A jury returned a verdict in favor…
2Cases cited2 opinions
- Jacobowitz v. HersonNew York Court of Appeals · 1935
- Burbrooke Manufacturing Co. v. St. George Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by9 opinions
- Mitchell v. Insurance of North AmericaAppellate Division of the Supreme Court of the State of New York · 1972
- Weinstock v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 2001
- Barrett v. United StatesDistrict Court, S.D. New York · 1986
- Michigan Associates v. Emigrant Savings BankCivil Court of the City of New York · 1973
- Banco do Brasil v. Madison Steamship Corp.New York Supreme Court · 1970
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