Legal Opinion
Farrell v. Island Recreational, Inc.
Appellate Terms of the Supreme Court of New York
Decided January 8, 2007Published
1Opinion of the Court
OPINION OF THE COU T
Memorandum.
Order reversed without costs and defendant’s motion for summary judgment dismissing the complaint granted.
In this breach of contract action seeking the recovery of $14,000 in connection with plaintiffs purchase of a swimming pool from defendant, plaintiff claimed that she had selected a certain pool in defendant’s store, but that the sales contract was prepared for a different size pool, and the wrong pool was delivered to her home.
Defendant moved for summary judgment. As the proponent of such a motion, it was incumbent upon defendant to make a prima facie…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
- Lesocovich v. 180 Madison Avenue Corp.New York Court of Appeals · 1993
- Hyman v. Queens County Bancorp, Inc.New York Court of Appeals · 2004
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