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TOM GREENAUER DEVELOPMENT, INC. v. BURKE BROTHERS CONSTRUCTION, INC.

595 CA 09-02502.

74 A.D.3d 1747 (2010)

902 N.Y.S.2d 461

TOM GREENAUER DEVELOPMENT, INC., Respondent, v. BURKE BROTHERS CONSTRUCTION, INC., et al., Appellants, et al., Defendants.

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

Decided June 11, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, the alleged breach of certain contracts between plaintiff and defendant Burke Brothers Construction, Inc. (Burke Brothers). Burke Brothers and defendants David Burke, individually, and Patrick Burke, individually (collectively, individual defendants), cross-moved for, inter alia, summary judgment dismissing...

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