LINO DEL ZOTTO & SON BUILDERS, INC. v. COLOMBE


216 A.D.2d 778 (1995)

628 N.Y.S.2d 444

Lino Del Zotto & Son Builders, Inc., Respondent, v. Jack Colombe et al., Appellants

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

June 22, 1995


Yesawich Jr., J.

Plaintiff seeks to recover for damages resulting from allegedly defective work performed by defendants, who were hired pursuant to an oral agreement to tape and apply joint compound to sheetrock, prior to painting, in two houses newly constructed by plaintiff. Defendants, appealing from Supreme Court's denial of their motion to dismiss three of plaintiff's four causes of action as legally insufficient (see, CPLR 3211 [a] [7]),...

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