MMG GROUP, INC. v. PLANNED MANAGEMENT CONSTRUCTION CORP.


294 A.D.2d 284 (2002)

741 N.Y.S.2d 879

MMG GROUP, INC., Respondent, v. PLANNED MANAGEMENT CONSTRUCTION CORP., Appellant, et al., Defendants.

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

Decided May 28, 2002.


The trial evidence, fairly interpreted, permitted the trial court to conclude that defendant breached its contract with plaintiff, a painting subcontractor. In so doing, defendant frustrated plaintiff's capacity to complete its contractual obligations. No reason has been set forth by defendant to disturb the trial court's findings of fact, particularly since they rest, in large measure, on considerations relating to the credibility...

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