NVR, Inc. v. Edwards

Appeal and cross appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered November 17, 2004 in a breach of contract action. The order denied plaintiffs motion for summary judgment and defendant’s cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this breach of contract action seeking to recover from defendant the amount of 10% of the purchase price of her home, which was constructed by plaintiff. In 1999…