Legal Opinion
Charlotte Lake River Associates v. American Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1979PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
The sole question to be determined on this appeal is whether written interrogatories are precluded under CPLR 3130 when in a single cause of action plaintiffs described acts which are alleged to constitute a breach of contract as well as negligence. We hold that the cause of action is bottomed in contract and that the use of interrogatories should be permitted even if the contract cause of action contains allegations sounding in negligence.
Plaintiffs, owners of high-rise residential housing project, allege that defendants, Northrup, Kaelber and Kopf…
2Cases cited9 opinions
- In re the Arbitration between Raisler Corp. & New York City Housing AuthorityNew York Court of Appeals · 1973
- Mulligan v. LackeyAppellate Division of the Supreme Court of the State of New York · 1970
- Allen v. MinskoffNew York Court of Appeals · 1976
- Rozner v. Resolute Paper Products Corp.Appellate Division of the Supreme Court of the State of New York · 1971
- Kahn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Hopper v. HopperAppellate Division of the Supreme Court of the State of New York · 1984
- Interstate Window Cleaning Co. v. Morse/Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Kimball v. NormandeauAppellate Division of the Supreme Court of the State of New York · 2011
- Memory Gardens, Inc. v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1983
6 more not listed; retrieve them via the Exa API.