Legal Opinion
Pesca v. Barbera Homes, Inc.
New York Supreme Court
Decided March 8, 2012PublishedCited by 6 opinions
1Opinion of the Court
*703OPINION OF THE COURT
Richard M. Platkin, J.
Defendant Barbera Homes, Inc. moves for summary judgment seeking dismissal of the claims brought by plaintiffs Carmine and Alison Pesca. Plaintiffs oppose the motion and cross-move for summary judgment.
Background
On or about February 20, 2007, plaintiffs entered into an agreement with Barbera Homes (the agreement) to purchase a newly constructed home for the price of $350,000. The subject home had been constructed with “exterior rough grading” in place. However, homes had not yet been constructed upon the adjacent lots.
The agreement expressly excludes…
2Cases cited26 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
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3Cited by6 opinions
- Aktas v. JMC Development Co.District Court, N.D. New York · 2012
- Rich v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2013
- Vitiello v. Home Buyers Resale Warranty Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Vitiello v. Home Buyers Resale Warranty Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- RICH, JOHN C. v. ORLANDO, GREGAppellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.