Zulinski v. Merkley Bros.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs *614appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated May 22,1997, which granted the defendants’ motion to dismiss the third cause of action asserted in the amended complaint in its entirety and the fourth cause of action insofar as it asserts a claim to recover damages for negligence.
Ordered that the order is affirmed, with costs.
The plaintiffs entered into a contract with the defendant Merkley Bros., Inc., for the construction of a new home. When the home was not completed, the…
2Cases cited4 opinions
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Westminster Construction Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1990
- Merritt v. Hooshang Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- 431 Conklin Corp. v. RiceAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Kopec v. Hempstead Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Gordon v. Teramo & Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Staten Island New York CVS, Inc. v. Gordon Retail Development, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Landis & Gyr Powers, Inc. v. Berley Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2002