CLARK v. PINE HILL HOMES, INC.


112 A.D.2d 755 (1985)

Avory L. Clark, Respondent, v. Pine Hill Homes, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1985


Judgment unanimously affirmed, with costs.

Memorandum:

The trial court properly found Pine Hill Homes, Inc. and Floyd Reynolds jointly and severely liable for their failure to construct plaintiff's home in a workmanlike manner. This was not, as Reynolds contends, an action for breach of contract. Plaintiff's case was pleaded and tried on the theory that Reynolds was negligent in the performance and supervision of the work of constructing plaintiff's home and...

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