XLI CORPORATION v. BATTLE CONSTRUCTION CO., INC.


50 A.D.3d 1474 (2008)

857 N.Y.S.2d 385

XLI CORPORATION, Respondent, v. BATTLE CONSTRUCTION CO., INC., Appellant.

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

Decided April 25, 2008.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is denied in its entirety.

Memorandum:

Plaintiff commenced this action to recover damages for water damage to a manufacturing facility that, according to plaintiff, was negligently constructed by defendant. The parties entered into a contract for the construction of the facility and, according...

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