BANCKER CONSTR. CORP. v. COUNTY OF SUFFOLK


204 A.D.2d 1067 (1994)

614 N.Y.S.2d 963

Bancker Construction Corp., Respondent, v. County of Suffolk, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 27, 1994


Judgment unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting the motion of plaintiff for summary judgment on its breach of contract cause of action. In support of its motion, plaintiff admitted that, during the course of performing the parties' contract, it broke an electric service line that caused defendant to sustain damages and that it refused to reimburse...

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