City of Watertown v. Stebbins Engineering & Manufacturing Co.

Appellate Division of the Supreme Court of New York

City of Watertown v. Stebbins Engineering & Manufacturing Co.

206 A.D.2d 828, 616 N.Y.S.2d 300, 1994 N.Y. App. Div. LEXIS 7716

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1994

StatusPublished

Cited by1 cases

This text of 206 A.D.2d 828 (City of Watertown v. Stebbins Engineering & Manufacturing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Watertown v. Stebbins Engineering & Manufacturing Co., 206 A.D.2d 828, 616 N.Y.S.2d 300, 1994 N.Y. App. Div. LEXIS 7716 (N.Y. Ct. App. 1994).

Pincite

Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improperly denied defendants’ motions to dismiss plaintiff’s second cause of action alleging negligent performance of contractual services. A breach of contract does not give rise to a tort unless facts supporting the breach of a legal duty independent of the contract are alleged (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 389; see also, County of Chautauqua v Pacos Constr. Co., 195 AD2d 1021). Plaintiff has not alleged such facts.

We have reviewed defendants’ remaining contentions and find them to be without merit. (Appeals from Order of Supreme Court, Jefferson County, Gilbert, J.—Dismiss Complaint.) Present—Green, J. P., Balio, Lawton, Wesley and Boehm, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improperly denied defendants’ motions to dismiss plaintiff’s second cause of action alleging negligent performance of contractual services. A breach of contract does not give rise to a tort unless facts supporting the breach of a legal duty independent of the contract are alleged (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 389; see also, County of Chautauqua v Pacos Constr. Co., 195 AD2d 1021). Plaintiff has not alleged such facts.

We have reviewed defendants’ remaining contentions and find them to be without merit. (Appeals from Order of Supreme Court, Jefferson County, Gilbert, J.—Dismiss Complaint.) Present—Green, J. P., Balio, Lawton, Wesley and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

206 A.D.2d 828, 616 N.Y.S.2d 300, 1994 N.Y. App. Div. LEXIS 7716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-watertown-v-stebbins-engineering-manufacturing-co-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack