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CLEVELAND WRECKING CO. v. HERCULES CONST. CORP.

No. 95-CV-1078 (JS).

23 F.Supp.2d 287 (1998)

CLEVELAND WRECKING COMPANY, Plaintiff, v. HERCULES CONSTRUCTION CORP., and Hercules Construction and Development, Inc., Defendants.

United States District Court, E.D. New York.

September 29, 1998.

Attorney(s) appearing for the Case

Sayward Mazur, Mazur, Carp, and Rubin, P.C., New York City, for Plaintiff.

Arthur J. Semetis, Rivela, Pawa, and Blum, LLP, New York City, for Defendants.

MEMORANDUM AND ORDER

SEYBERT, District Judge.

Pending before the Court is Defendants' joint motion for summary judgment in this alleged contract dispute. Plaintiff is asserting claims for lost anticipated profits pursuant to a purported oral subcontract agreement entered into with Defendants. Defendants contend that no oral contract ever existed between the parties or, in the alternative, that the contract is barred by the applicable statute of frauds...

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