SHAMROCK MATERIALS, LLC v. IMPACT ENVIRONMENTAL ENGINEERING, PLLC

2014-11836, Index No. 101671/12.

149 A.D.3d 1001 (2017)

2017 NY Slip Op 03032

50 N.Y.S.3d 300

SHAMROCK MATERIALS, LLC, Respondent, v. IMPACT ENVIRONMENTAL ENGINEERING, PLLC, Doing Business as IMPACT ENVIRONMENTAL, et al., Appellants.

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

Decided April 19, 2017.


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

In 2010, the plaintiff entered into a contract with the defendants for the plaintiff to remove, and load onto barges, excavated material from a construction project. The plaintiff subsequently commenced this action to recover damages for breach of contract, alleging that the defendants had failed to pay the full amount owed to the plaintiff. After a jury trial and the denial of the defendants...

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