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TUNICK v. GOLDSTEIN

226 A.D.2d 705 (1996)

642 N.Y.S.2d 539

Jeffrey P. Tunick et al., Appellants, v. Jack Goldstein, Respondent

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

April 29, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed their causes of action alleging negligence by the defendant, since the allegations of purportedly negligent acts constitute nothing more than allegations of a breach of contract (see, 431 Conklin Corp. v Rice, 181 A.D.2d 716

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