Legal Opinion
Ellis v. Whippo
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1999PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the motion of defendant Fairmont Homes, Inc., a/k/a Century Homes (Fairmont), seeking dismissal of the negligence causes of action against it. Because the complaint alleges only economic loss, plaintiffs are relegated to their contractual remedies (see, Bocre Leasing Corp. v General Motors Corp., 84 NY2d 685, 689-690; Antel Oldsmobile-Cadillac v Sirus Leasing Co., 101 AD2d 688, 689).
The court further erred in granting the cross…
2Cases cited5 opinions
- Bocre Leasing Corp. v. General Motors Corp.New York Court of Appeals · 1995
- Antel Oldsmobile-Cadillac, Inc. v. Sirus Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Washburn v. Citibank (South Dakota), N. A.Appellate Division of the Supreme Court of the State of New York · 1993
- Geller v. EsikoffAppellate Division of the Supreme Court of the State of New York · 1990
- Lachajczyk v. SchriberAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- Razey v. WachtAppellate Division of the Supreme Court of the State of New York · 2001
- Bryndle v. Safety-Kleen Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Witherspoon v. HalpernAppellate Division of the Supreme Court of the State of New York · 2005