ISACOWITZ v. HALPERN CONSTRUCTION, INC.

2805, 604119/00

73 A.D.3d 565 (2010)

899 N.Y.S.2d 847

ALVIN ISACOWITZ, Doing Business as EXCELLENCE IN PLUMBING, Appellant, v. HALPERN CONSTRUCTION, INC., et al., Respondents, et al., Defendants.

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

Decided May 18, 2010.


Summary judgment is precluded by triable issues of fact including whether plaintiff breached its contracts with the construction manager by failing to pay its material suppliers; whether plaintiff failed to perform its contracts in accordance with their time-of-the-essence provisions; whether the construction manager properly terminated plaintiff for untimely performance; and whether the construction manager's noncompliance with the agreements' three-day notice to cure requirement...

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