Legal Opinion
Elhannon, LLC v. Brenda J. DeLuca Trust
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2013PublishedCited by 2 opinions
1Opinion of the CourtStein, J.
Appeal from an order of the Supreme Court (Mc-Donough, J.), entered October 10, 2012 in Albany County, which granted defendants’ motion to dismiss the complaint.
Plaintiff entered into a contract with defendant Brenda J. DeLuca Trust in September 2005 to perform landscaping services in conjunction with the construction of a custom home in the Town of Guilderland, Albany County. After disputes arose between the parties regarding payment and other issues, the parties exchanged written communications which, among other things, alleged that each was in breach of the contract. As pertinent here,…
2Cases cited8 opinions
- Sargiss v. MagarelliNew York Court of Appeals · 2009
- Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
- Vilsack v. MeyerAppellate Division of the Supreme Court of the State of New York · 2012
- Pilatich v. Town of New BaltimoreAppellate Division of the Supreme Court of the State of New York · 2012
- Henbest & Morrisey, Inc. v. W. H. Insurance AgencyAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by2 opinions
- NYAHSA Services, Inc., Self-Insurance Trust v. Recco Home Care Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- New York State Workers' Compensation Board v. Consolidated Risk Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2015