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MIKE BLDG. INC. v. JUST HOMES

31035/07.

27 Misc.3d 833 (2010)

901 N.Y.S.2d 458

MIKE BUILDING & CONTRACTING, INC., On Behalf of Itself and Others Similarly Situated, Plaintiff, v. JUST HOMES, LLC, et al., Defendants.

Supreme Court, Kings County.

Decided February 2, 2010.

Attorney(s) appearing for the Case

Agovino & Asselta, LLP, Mineola ( Parshhueram T. Misir of counsel), for plaintiff.

Ruskin Moscou Faltischek, P.C., Uniondale ( Joseph R. Harbeson of counsel), for defendants.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Plaintiff Mike Building & Contracting, Inc. (plaintiff or Mike Building) moves, pursuant to CPLR 3212, for an order granting it partial summary judgment on its first cause of action against Just Homes, LLC (JH) for breach of contract, dismissal of JH's first counterclaim for breach of contract, and for an award of attorney's fees and costs. Defendants JH, Albert C. Tew, II, Garry Gutterman, William Berry,...

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