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EAST HILLS METRO, INC. v. JEFFREY M. BROWN ASSOCIATES, INC.

2009-05014.

74 A.D.3d 730 (2010)

907 N.Y.S.2d 16

EAST HILLS METRO, INC., Appellant, v. JEFFREY M. BROWN ASSOCIATES, INC., Respondent.

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

Decided June 1, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment on that portion of the complaint which sought to recover the principal sum of $130,651 withheld by the defendant pursuant to the "change orders" corresponding to the subject subcontracts is granted.

Target Corporation (hereinafter Target), a nonparty, undertook to open...

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