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INWOOD TOWER, INC. v. FIREMAN'S FUND INSURANCE COMPANY

309 A.D.2d 540 (2003)

765 N.Y.S.2d 499

INWOOD TOWER, INC., Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant. (And Other Actions.) INWOOD TOWER, INC., Respondent, v. SUMMIT WATERPROOFING & RESTORATION CORP., Appellant.

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

Decided October 7, 2003.

Defendant Summit Waterproofing & Restoration, via its counterclaims, sought contract damages for the purported breach by plaintiff Inwood of a contract pursuant to which Summit was to perform repairs to the roof of Inwood's building. In support of these counterclaims, Summit alleged that Inwood had failed to make payments under a second contract between the parties pursuant to which Summit was to perform masonry work on Inwood's building and that the failure to make payments...

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