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AMERICAN CURTAINWALL, INC. v. NTD CONSTRUCTION CORP.

4910, 601984/09.

83 A.D.3d 597 (2011)

921 N.Y.S.2d 250

AMERICAN CURTAINWALL, INC., Appellant, v. NTD CONSTRUCTION CORP. et al., Respondents, et al., Defendants.

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

Decided April 26, 2011.

The documentary evidence annexed to the complaint contradicts the allegations in the complaint underlying the second cause of action, which alleges breach of contract (see Wilson v Hochberg, 245 A.D.2d 116 [1997]). Defendant NTD was justified in terminating its contracts with plaintiff based on plaintiff's failure to pay its subcontractor, defendant Midwest Curtainwall. By refusing to pay Midwest after NTD offered to reverse the...

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