Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the motion of defendant Fairmont Homes, Inc., a/k/a Century Homes (Fairmont), seeking dismissal of the negligence causes of action against it. Because the complaint alleges only economic loss, plaintiffs are relegated to their contractual remedies (see, Bocre Leasing Corp. v General Motors Corp.,
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ELLIS v. WHIPPO
262 A.D.2d 1055 (1999)
692 N.Y.S.2d 279
NORMAN B. ELLIS et al., Respondents, v. PAUL WHIPPO et al., Defendants, and FAIRMONT HOMES, INC., Also Known as CENTURY HOMES, Appellant.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
Decided June 18, 1999.
Decided June 18, 1999.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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