CNP MECHANICAL, INC. v. ALLIED BUILDERS, INC.

986 CA 09-00255.

66 A.D.3d 1340 (2009)

885 N.Y.S.2d 790

2009 NY Slip Op 6892

CNP MECHANICAL, INC., Respondent, v. ALLIED BUILDERS, INC., et al., Appellants. (Appeal No. 2.)

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

Decided October 2, 2009.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Plaintiff commenced this action seeking, inter alia, $429,332.46 in damages resulting from the alleged breach by defendant Allied Builders, Inc., the general contractor, of its subcontract with plaintiff. We agree with defendants that Supreme Court erred in granting plaintiff's motion seeking partial summary judgment in the...

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