Legal Opinion
Maines Paper & Food Service, Inc. v. The Pike Company, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2016No. 521491PublishedCited by 3 opinions
1Opinion of the CourtLynch, J.
Appeal from an order of the Supreme Court (Burns, J.), entered November 3, 2014 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint.
In October 2009, plaintiff and defendant entered into a contract for the construction of a supermarket in the City of Ithaca, Tompkins County. After the project was completed, plaintiff discovered “considerable settling of the [supermarket’s] floor.” Plaintiff commenced this action alleging that defendant breached the contract and warranty contained therein. The gravamen of plaintiff’s claim is that defendant failed to…
2Cases cited7 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
- Jacobsen v. New York City Health & Hospital Corp.New York Court of Appeals · 2014
- Stevens v. Bast Hatfield, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- AXA Global Risks U.S. Insurance v. Sweet Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
- Tompkins Financial Corporation v. John M. Floyd& Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Kyer v. Ravena-Coeymans-Selkirk Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
- 797 Broadway Group, LLC v. BCI Construction, Inc.New York Supreme Court · 2017