SHIEL v. TERMINI


242 A.D.2d 528 (1997)

662 N.Y.S.2d 269

James Shiel et al., Respondents, v. Joseph Termini et al., Defendants, and William Simmons, Appellant

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

September 8, 1997


Ordered that the order is reversed, on the law, with costs, and that branch of the motion which was to dismiss the fifth cause of action is granted.

The plaintiffs commenced the instant action against, inter alia, William Simmons individually, although the relevant contract was made with his professional corporation. Since the individual defendant was not in privity of contract with the plaintiffs, the court should have granted his motion to dismiss the cause...

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