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DOMINGUE v. NEHEMIAH II, INC.

No. COA10-300.

703 S.E.2d 462 (2010)

John DOMINGUE, Plaintiff, v. NEHEMIAH II, INC., a North Carolina Corporation, Wanda Garwood, an Individual, and Does 1 through 50, Defendants.

Court of Appeals of North Carolina.

December 7, 2010.

Attorney(s) appearing for the Case

Berliner Cohen , by John Domingue, San Jose, for plaintiff-appellant.

G. Elvin Small, III , Elizabeth City, for defendant-appellees.

HUNTER, JR., ROBERT N., Judge.

John H. Domingue ("plaintiff"), a subsequent owner to the original homeowner, brought claims of negligence and breach of contract against Nehemiah II, Inc., and Wanda Garwood ("defendants") for alleged defective construction of a dwelling. Plaintiff's claims were dismissed under Rule 12(b)(6) for failure to state a claim for which relief could be granted, in part due to lack of privity and lack of duty of care. We conclude plaintiff...

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