YELLIN v. ZIMMERMAN (2018)

Order, Supreme Court, New York County (Nancy Bannon, J.), entered July 24, 2017, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint to the extent the complaint asserts a cause of action for breach of contract, unanimously affirmed, without costs.

The court correctly determined that the first cause of action, although denominated a claim for professional malpractice, also states a cause of action for breach of contract (see generally Foley v. D'Agostino, 21 A.D.2d 60, 65, 248 N.Y.S.2d 121 [1st Dept. 1964] ).

The court also correctly found that the breach of contract cause of action is not redundant of the malpractice claim (see Ferro Fabricators, Inc. v. 1807–1811 Park Ave. Dev. Corp., 127 A.D.3d 479, 480 [1st Dept. 2015].  The breach of contract claim is premised upon obligations distinct from those that flow from professional standards of architectural practice, and it seeks damages distinct from those sought under the dismissed malpractice claim.

The court also correctly denied summary dismissal of the breach of contract cause of action since the record presents issues of fact as to whether defendant complied with the particular terms of the contract at issue.