Ordered that the order is affirmed insofar as appealed from, with costs.
In September 1999 the defendant, an entity incorporated in the State of Florida, entered into a primary contract with Telergy Metro LLC (hereinafter Telergy), a nonparty, to serve as general contractor for a construction project in New York City. The primary contract included a termination clause which provided the defendant with a right to terminate the contract if Telergy became insolvent....
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