MARINO v. DWYER-BERRY CONSTR. CORP.


193 A.D.2d 654 (1993)

597 N.Y.S.2d 466

Ronald Marino, Respondent, v. Dwyer-Berry Construction Corp. et al., Defendants, and Michael Morris, Appellant. (And Third-Party Actions.)

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

May 10, 1993


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the breach of contract cause of action against the appellant is granted, that cause of action is dismissed, and the action against the remaining defendants is severed.

In March 1986 the plaintiff, in purported reliance upon a filed subdivision map, purchased a parcel of land for the purpose of building a house thereon. The map bore the...

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