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YONG JIA CONSTR. INC. v. BETTS

13137/2011.

2011 NY Slip Op 51617(U)

YONG JIA CONSTRUCTION INC., Plaintiff, v. JASON BETTS, ET AL., Defendants.

Supreme Court, Queens County.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Kevin Kerveng Tung, P.C., Song Chen, Esq. , 136-20 38th Ave., Flushing, New York 11354, for the Plaintiff.

Law Offices of Janet A. Paganelli, Janet A. Paganelli Esq. , 445 Hamilton Ave., White Plains, New York 10601, for the Defendants.

CHARLES J. MARKEY, J.

This is an action essentially for breach of a construction contract, where the plaintiff contends that it was not paid for its work. The defendants seek to dismiss the second and third causes of action of the complaint.

The Court, as an initial matter, does not find that the plaintiff's complaint is a model of clarity. The first cause of action is essentially for breach of contract, but the word "breach" does not appear in the complaint...

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