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MARC CONTRACTING, INC. v. 39 WINFIELD ASSOCIATES, LLC

63 A.D.3d 693 (2009)

880 N.Y.S.2d 346

MARC CONTRACTING, INC., Respondent, v. 39 WINFIELD ASSOCIATES, LLC, Appellant.

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

Decided June 2, 2009.

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

On August 7, 2001 Marc Castaldi and John Lium signed an operating agreement forming the defendant 39 Winfield Associates, LLC, to purchase and renovate premises located at 39 Winfield Avenue in Harrison, New York, and then resell the premises at a profit. Under the terms of the operating agreement, Castaldi was to provide his services in connection with the construction of the project "without...

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