Massena Towne Center Associates v. Sear-Brown Group, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Massena Towne Center Associates (plaintiff) commenced this action seeking damages it incurred as a result of a landslide on its property. Defendant Perras Excavating, Incorporated (Perras Excavating) contracted with plaintiff to construct a shopping center on property owned by plaintiff, and third-party defendant contracted with plaintiff to erect a water tower at the site for use in the event of a fire. Due to the alleged breach of contract based on third-party…
2Cases cited8 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
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3Cited by4 opinions
- Pagaduan v. Carnival Corp.Court of Appeals for the Second Circuit · 2017
- City Check Cashing, Inc. v. Jul-Ame Construction Co.New Jersey Superior Court Appellate Division · 1999
- Mosca v. NormileAppellate Division of the Supreme Court of the State of New York · 2000
- Perras Excavating, Inc. v. Transportation InsuranceAppellate Division of the Supreme Court of the State of New York · 2002