Tunick v. Goldstein

Full title: JEFFREY P. TUNICK et al., Appellants, v. JACK GOLDSTEIN, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 1996

226 A.D.2d 705 (N.Y. App. Div. 1996)

642 N.Y.S.2d 539

Opinion

April 29, 1996

Appeal from the Supreme Court, Westchester County (Donovan, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed their causes of action alleging negligence by the defendant, since the allegations of purportedly negligent acts constitute nothing more than allegations of a breach of contract ( see, 431 Conklin Corp. v. Rice, 181 A.D.2d 716). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.