Legal Opinion
Lino Del Zotto & Son Builders, Inc. v. Colombe
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1995PublishedCited by 5 opinions
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (James, J.), entered March 4, 1994 in Schenectady County, which denied defendants’ motion to partially dismiss the complaint.
Plaintiff seeks to recover for damages resulting from allegedly defective work performed by defendants, who were hired pursuant to an oral agreement to tape and apply joint compound to sheetrock, prior to painting, in two houses newly constructed by plaintiff. Defendants, appealing from Supreme Court’s denial of their motion to dismiss three of plaintiff’s four causes of action as legally insufficient (see, CPLR 3211 [a] [7]),…
2Cases cited3 opinions
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- County of Chenango Industrial Development Agency v. Lockwood Greene Engineers, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Fairbairn Lumber Corp. v. TelianAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by5 opinions
- McDowell v. Atco Rubber Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Poli v. LemaAppellate Division of the Supreme Court of the State of New York · 2005
- Pronti v. GrigoriouAppellate Division of the Supreme Court of the State of New York · 2009
- Yu v. Fortuna Design & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Yu v. Fortuna Design & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2013