Queensbury Union Free School Dist. v. Jim Walter Corp.
| Court | New York Supreme Court — Appellate Division |
| Writing for the Court | Before MAIN |
| Citation | Queensbury Union Free School Dist. v. Jim Walter Corp., 463 N.Y.S.2d 114, 94 A.D.2d 834 (N.Y. App. Div. 1983) |
| Decision Date | 05 May 1983 |
| Parties | , 11 Ed. Law Rep. 593 QUEENSBURY UNION FREE SCHOOL DISTRICT, Appellant, v. JIM WALTER CORPORATION et al., Respondents, et al., Defendants. |
Caffry, Pontiff, Stewart, Rhodes & Judge, Glens Falls (H. Wayne Judge, Glens Falls, of counsel), for appellant.
McNamee, Lochner, Titus & Williams, Albany (George F. Carpinello, Albany, of counsel), for respondents.
Before MAIN, J.P., and CASEY, MIKOLL, YESAWICH and WEISS, JJ.
Appeal from an order of the Supreme Court at Special Term, entered March 19, 1982 in Warren County, which granted a motion by defendants Jim Walter Corporation and Celotex Corporation to dismiss plaintiff's fourth cause of action, sounding in negligence.
Plaintiff seeks to recover the cost of repairing or replacing an allegedly defective roof installed in the late 1960's on one of its school buildings. The facts of this case are recited in our earlier decision (82 A.D.2d 204, 442 N.Y.S.2d 650). As a result of that decision, plaintiff's claim in strict tort liability was dismissed for failure to state a cause of action. In addition, a claim for breach of implied warranty was held to be time barred while the negligence cause of action which is presently at issue was found timely. Defendants Jim Walter Corporation and Celotex Corporation now move to dismiss the negligence claim for failure to state a cause of action. Special Term granted the motion and we affirm.
The only damages contemplated by the complaint, whether they be compensatory or punitive,...
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