SUMMIT DEVELOPMENT CORP. v. FOWNES

3050, 601432/08.

74 A.D.3d 563 (2010)

903 N.Y.S.2d 33

SUMMIT DEVELOPMENT CORP., Appellant, v. RICHARD FOWNES et al., Respondents.

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

Decided June 15, 2010.


In this action alleging breach of a construction contract, the court properly found that plaintiff failed to demonstrate a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]).

"Where a contract provides that a party must fulfill specific conditions precedent before...

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