Fiorenza v A&A Consulting Engrs., P.C.
Annotate this CaseMaria Fiorenza, Appellant,
v
A&A Consulting Engineers, P.C., Respondent, et al., Defendant.
—[*1] Annette G. Hasapidis, South Salem, for appellant.
L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City (Lee J. Sacket of counsel) for respondent.
Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered July 7, 2009, which, to the extent appealed from as limited by the briefs, granted defendant A&A's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
In opposition to the prima facie showing that A&A (the remaining defendant in this action) had complied with its contractual obligations, plaintiff failed to raise a triable question of fact by offering competent evidence, in admissible form, that, if credited by a jury, would be sufficient to rebut the movant's proof (Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]). Indeed, despite accusing A&A of various wrongdoing, plaintiff was unable to produce any documentary evidence or affidavit, expert or otherwise, that A&A had somehow been deficient in the manner in which it performed its contractual obligations. Moreover, the February 5, 2004 contract between the parties included a limitation-of-liability clause, which is ordinarily enforced unless it expresses an intention to relieve a party of its own grossly negligent conduct (see Sommer v Federal Signal Corp., 79 NY2d 540, 554 [1992]). Plaintiff's claims of breach of contract against A&A, even if true, do not indicate a reckless disregard for the rights of others or smack of intentional wrongdoing such as would constitute gross negligence. Concur—Andrias, J.P., Nardelli, Moskowitz, DeGrasse and RomÁn, JJ. [Prior Case History: 24 Misc 3d 1203(A), 2009 NY Slip Op 51237(U).]
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
