Legal Opinion

Rich v. Orlando

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2015PublishedCited by 7 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered January 24, 2014. The judgment dismissed the first counterclaim stated in defendants’ answer.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this breach of contract action to recover the unpaid balance allegedly due from defendants under a custom home building contract. In their answer, defendants asserted, inter alia, a counterclaim for breach of the housing merchant implied warranty (first counterclaim), and defendants now…

2Cases cited5 opinions

  1. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  2. Putter v. North Shore University HospitalNew York Court of Appeals · 2006
  3. Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Depczynski v. Adsco/Farrar & TreftsNew York Court of Appeals · 1994
  5. Rich v. OrlandoAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by7 opinions

  1. Enzolytics, Inc. v. Cimarron Capital, Ltd.District Court, D. Delaware · 2023
  2. Enzolytics, Inc. v. Cimarron Capital, Ltd.District Court, D. Delaware · 2023
  3. Enzolytics, Inc. v. Kona Concepts, Inc.District Court, D. Delaware · 2023
  4. Enzolytics, Inc. v. Kona Concepts, Inc.District Court, D. Delaware · 2023
  5. Liberty Mutual Insurance Company v. Atain Specialty Insurance CompanyCourt of Appeals for the Fourth Circuit · 2025

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