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DAMBOISE v. KELROD CONSTR. CORP.

174 A.D.2d 705 (1991)

Darrell Damboise, Appellant, v. Kelrod Construction Corp., Respondent

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

June 24, 1991

Ordered that the order is affirmed, with costs.

Summary judgment was properly granted to the defendant, as there was no theory of liability under which the plaintiff might recover from it and no factual issues were presented requiring an adjudication on the merits (see, Zuckerman v City of New York, 49 N.Y.2d 557). The undisputed evidence established that the defendant named in the complaint was not the general contractor...

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