Soja v. Keystone Trozze, LLC (106 A.D.3d 1168, 2013)

Mercure, J.P.

Appeals (1) from an order of the Supreme Court (Becker, J.), entered March 14, 2012 in Delaware County, which, upon reargument, granted a motion by defendants Keystone Trozze, LLC and Keystone Associates, LLC for partial summary judgment limiting the scope of their liability, and (2) from a supplemental order of said court, entered March 20, 2012 in Delaware County which denied plaintiffs’ cross motion for reargument.

Plaintiffs commenced this negligence and breach of contract action against defendants Keystone Trozze, LLC and Keystone Associates, LLC (hereinafter collectively referred to as Keystone), which they had hired to design their residence, and the general contractor that built the residence. Keystone moved for partial summary judgment enforcing the limitation of liability clause contained in its contract with plaintiffs, which provides in relevant part that plaintiffs £