Legal Opinion
Rochdale Village, Inc. v. Zimmerman
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 2003PublishedCited by 9 opinions
1Opinion of the Court
— In an action, inter alia, to recover damages for architectural malpractice, the defendants appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated October 31, 2002, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, or alternatively, for summary judgment dismissing the complaint or for partial summary judgment limiting the plaintiffs recovery, if any, to the fees it paid under the contract.
Ordered that the order is affirmed, with costs.
“[O]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as…
2Cases cited3 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Board of Education of City School District v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2001
- Columbo v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by9 opinions
- Lupski v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2006
- Pereira v. St. Joseph's CemeteryAppellate Division of the Supreme Court of the State of New York · 2008
- Goldfarb v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2006
- Sinensky v. RokowskyAppellate Division of the Supreme Court of the State of New York · 2005
- Fast Track Funding Corp. v. PerroneAppellate Division of the Supreme Court of the State of New York · 2005
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