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KAMCO v. ON THE RIGHT TRACK

2013-06065.

149 A.D.3d 275 (2017)

2017 NY Slip Op 02025

49 N.Y.S.3d 721

KAMCO SUPPLY CORP., Plaintiff/Third-Party Defendant-Respondent, v. ON THE RIGHT TRACK, LLC, Defendant/Third-Party Plaintiff-Appellant. SOUTHEASTERN METAL, INC., Additional Third-Party Plaintiff-Appellant; KAMCO SUPPLY CORP. OF BOSTON et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided March 22, 2017.

Attorney(s) appearing for the Case

Kaye Scholer, LLP, New York City ( James M. Catterson of counsel), and Pollack, Pollack, Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), for defendant/third-party plaintiff-Appellant and additional third-party plaintiff-appellant.

Cullen and Dykman LLP, New York City ( Cynthia Boyer Okrent of counsel), for plaintiff/third-party defendant-respondent and third-party defendants-respondents, and Blank Rome LLP, New York City ( Jacqueline W. Silbermann and Daniel E. Rhynhart , of the Pennsylvania bar, admitted pro hac vice, of counsel), for third-party defendant-respondent Kamco Building Supply Corp.

HALL, DUFFY and BARROS, JJ., concur.

OPINION OF THE COURT

This appeal presents a rare opportunity to consider the circumstances under which a party's conduct, in the course of performing what may be described as a relational contract,1 may support an inference that a material right...

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