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METRO FOUNDATION CONTRACTORS, INC. v. MARCO MARTELLI ASSOCIATES, INC.

3720, 600520/09.

78 A.D.3d 594 (2010)

912 N.Y.S.2d 187

METRO FOUNDATION CONTRACTORS, INC., Appellant, v. MARCO MARTELLI ASSOCIATES, INC., Respondent, et al., Defendant.

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

Decided November 30, 2010.

Defendant Marco Martelli Associates, Inc. (MMA), the general contractor, hired plaintiff Metro Foundation Contractors, Inc. (Metro), to perform certain demolition and construction work on property owned by defendant Village Care of New York, Inc.

The court properly found the existence of issues of fact to preclude the award of partial summary judgment (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]) as to whether...

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