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HARROGATE HOUSE LIMITED v. JOVINE

2 A.D.3d 108 (2003)

767 N.Y.S.2d 613

HARROGATE HOUSE LIMITED et al., Appellants-Respondents, v. ANDREA JOVINE, Respondent-Appellant.

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

December 2, 2003.

Although plaintiffs' first three causes of action nominally seek recovery in tort, plaintiffs' allegations in support of those causes amount to no more than attempts to recover what is purportedly owed them under certain agreements and, accordingly, do not state cognizable tort claims (see Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 N.Y.2d 382, 389 [1987]; see also New York Univ. v Continental Ins. Co.,

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