JOHN, LLC v. EXIT 63 DEVELOPMENT, LLC


35 A.D.3d 539 (2006)

825 N.Y.S.2d 539

JOHN JOHN, LLC, Appellant, v. EXIT 63 DEVELOPMENT, LLC, et al., Defendants, and TRITEC BUILDING CO., INC., Respondent.

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

Decided December 12, 2006.


Ordered that the order is affirmed, insofar as appealed from, with costs.

The plaintiff alleges that the defendant Tritec Building Co., Inc. (hereinafter Tritec Building), breached a construction contract by constructing a hotel for the plaintiff in a location that deviated slightly from the location in the final approved construction plan. Tritec Building established prima facie entitlement to judgment as a matter of law by submitting the affidavit of an engineer...

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