Legal Opinion
Hotel Utica, Inc. v. Ronald G. Armstrong Engineering Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 1978PublishedCited by 1 opinion
1Opinion of the Court
Judgment unanimously reversed and a new trial granted, with costs, to abide the event. Memorandum: This is an appeal from a judgment of trial term dismissing the complaint of Hotel Utica, Inc., which contains two causes of action against defendants, architects, the first cause of action being for breach of contract and the second for negligent performance of the contract. In reliance on Carr v Lipshie (8 AD2d 330, affd 9 NY2d 983) and 530 East 89 Corp. v Unger (54 AD2d 848) Trial Term quite understandably dismissed the contract action as a matter of law as not maintainable in a case such as…
2Cases cited10 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Carr v. LipshieAppellate Division of the Supreme Court of the State of New York · 1959
- Carr v. LipshieNew York Court of Appeals · 1961
- Naetzker v. Brocton Central School DistrictNew York Court of Appeals · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Leighty v. BrunnAppellate Division of the Supreme Court of the State of New York · 1986