Clark v. Pine Hill Homes, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: The trial court properly found Pine Hill Homes, Inc. and Floyd Reynolds jointly and severely liable for their failure to construct plaintiffs home in a workmanlike manner. This was not, as Reynolds contends, an action for breach of contract. Plaintiffs case was pleaded and tried on the theory that Reynolds was negligent in the performance and supervision of the work of constructing plaintiffs home and that his negligence resulted in unworkmanlike construction for which he should be held personally liable. The general rule is that an…
2Cases cited5 opinions
- La Lumia v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1965
- State v. Daro Chartours, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Bailey v. Baker's Air Force Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Michaels v. Lispenard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- Cleland v. Fort Ticonderoga Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by27 opinions
- B & M Linen, Corp. v. Kannegiesser, USA, Corp.District Court, S.D. New York · 2010
- Airlines Reporting Corp. v. Aero Voyagers, Inc.District Court, S.D. New York · 1989
- Westminster Construction Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1990
- Bridges v. Wyandanch Community Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Aguirre v. PaulAppellate Division of the Supreme Court of the State of New York · 2008
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