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KELLY v. P & G VENTURES 1, LLC

2014-11572, Index No. 22818/10.

148 A.D.3d 1002 (2017)

2017 NY Slip Op 02026

50 N.Y.S.3d 163

JUSTIN T. KELLY, Doing Business as KELLY CONSTRUCTION COMPANY, Appellant, v. P & G VENTURES 1, LLC, et al., Respondents.

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

Decided March 22, 2017.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' cross motion for summary judgment on their first counterclaim is denied, and an order of the same court dated July 15, 2014, granting the plaintiff's motion to resettle the order dated March 24, 2014, is vacated.

The plaintiff and the defendants entered into an oral agreement for the plaintiff to provide general contracting...

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