Opinion
13015 Index No. 656079/18 Case No. 2019-04302
02-02-2021
BOARD OF MANAGERS OF the ST. TROPEZ CONDOMINIUM, Plaintiff–Respondent, v. JMA CONSULTANTS, INC. doing business as JMA of New Jersey in New York et al., Defendants–Appellants, Eugene Ferrara et al., Defendants.
Stevens & Lee, P.C., New York (Salvatore A. Giampiccolo and John N. Visconi of counsel), for appellants. Armstrong Teasdale LLP, New York (Thomas V. Juneau, Jr. of counsel), for respondent.
Stevens & Lee, P.C., New York (Salvatore A. Giampiccolo and John N. Visconi of counsel), for appellants.
Armstrong Teasdale LLP, New York (Thomas V. Juneau, Jr. of counsel), for respondent.
Renwick, J.P., Webber, Gonza´lez, Scarpulla, JJ.
Order, Supreme Court, New York County (Andrew Borrok, J.), entered October 1, 2019, which, to the extent appealed from as limited by the briefs, denied defendants JMA Consultants, Inc. d/b/a JMA of New Jersey in New York, JMA Consultants, Inc. d/b/a JMA of New Jersey, and JMA Consultants and Engineers, P.C.'s motion to dismiss the negligence causes of action as against them, unanimously reversed, on the law, with costs, and the motion granted.
As both the breach of contract and the negligence claims allege the same underlying facts and seek the same damages, the complaint fails to allege an independent negligence claim, regardless of whether any failure by defendants to perform carefully could have had abrupt or catastrophic consequences (see Dormitory Auth. of the State of N.Y. v. Samson Constr. Co., 30 N.Y.3d 704, 711–713, 70 N.Y.S.3d 893, 94 N.E.3d 456 [2018] ).