Legal Opinion
Banks v. DeMillo
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1988PublishedCited by 5 opinions
1Opinion of the Court
— Order unanimously reversed on the law with costs, defendant’s motion denied and matter remitted to Supreme Court, Seneca County, for further proceedings, in accordance with the following memorandum: In 1979, defendant orally agreed to construct two chimneys at plaintiffs’ residence. The home was substantially damaged by fire in 1984, and on August 30, 1985, plaintiffs commenced this action, alleging that the damage was caused by defendant’s negligent construction. After joinder of issue, defendant moved for summary judgment upon the ground that the action was barred by the Statute of…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- State v. LundinNew York Court of Appeals · 1983
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3Cited by5 opinions
- Ralston Purina Co. v. Arthur G. McKee & Co.Appellate Division of the Supreme Court of the State of New York · 1990
- City of Rochester v. Holmsten Ice Rinks, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Frank Management, Inc. v. WeberNew York Supreme Court · 1989
- Public Service Mutual Insurance v. Tri-Con Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Town of Oyster Bay v. Peter Scalamandre & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2020