JURMANN v. HEIMER ENGINEERING, P.C.


52 A.D.3d 475 (2008)

857 N.Y.S.2d 916

PETER JURMANN et al., Respondents, v. HEIMER ENGINEERING, P.C., Appellant. (And a Third-Party Action.)

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

Decided June 3, 2008.


Ordered that the order is affirmed, with costs.

The defendant demonstrated its prima facie entitlement to judgment as a matter of law by submitting evidence that the parties entered into a written agreement dated June 10, 1999 defining their relationship and limiting the defendant's liability to the amount of its inspection fee, and that it performed its obligations under the contract in accordance with relevant industry standards. In opposition, however, the plaintiffs...

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