Legal Opinion
Roizen v. Marder's Nurseries, Inc.
New York Supreme Court
Decided February 2, 1994PublishedCited by 4 opinions
1Opinion of the Court
*690OPINION OF THE COURT
W. Bromley Hall, J.
In this action sounding in tort, defendant seeks dismissal of the complaint pursuant to CPLR 3211 (a) (1) and (7) on the grounds that it is barred by documentary evidence and it failed to state a cause of action upon which relief can be granted.
The events that give rise to this action involve the defendant performing landscaping services, including the providing of plants for plaintiff’s property. In the agreement between the parties the defendant was to plant three new trees, including one purple beech tree. The original landscaping project was complete…
2Cases cited7 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Bellevue South Associates v. HRH Construction Corp.New York Court of Appeals · 1991
- Wessel v. Erickson Landscaping Co.Utah Supreme Court · 1985
- Goldfarb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1989
- Seger v. CornwellNew York Supreme Court · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Procter & Gamble Co. v. Bankers Trust Co.District Court, S.D. Ohio · 1996
- Giambrone v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Port Authority v. Evergreen International Aviation, Inc.New York Supreme Court · 1999
- Ricciardi v. FrankYonkers City Court · 1994