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FRANCO BELLI PLUMBING AND HEATING AND SONS, INC. v. IMPERIAL DEVELOPMENT & CONSTRUCTION CORP.

45 A.D.3d 634 (2007)

845 N.Y.S.2d 446

FRANCO BELLI PLUMBING AND HEATING AND SONS, INC., Respondent, v. IMPERIAL DEVELOPMENT & CONSTRUCTION CORP., Respondent, et al., Defendants, and NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant.

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

Decided November 13, 2007.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs payable by the plaintiff-respondent, the motion of the defendant New York City School Construction Authority to vacate the order and judgment is granted, the order and judgment is vacated, and the matter is remitted to the Supreme Court, Queens County, for a new determination on the plaintiff's motion.

The defendant New York City School Construction Authority (hereinafter...

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