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SUMMIT v. ACT ABATEMENT

54085/11

34 Misc.3d 823 (2011)

935 N.Y.S.2d 499

2011 NY Slip Op 21451

SUMMIT CONSTRUCTION SERVICES GROUP, INC., Plaintiff, v. ACT ABATEMENT, LLC, et al., Defendants.

Supreme Court, Westchester County.

Decided December 16, 2011.

Attorney(s) appearing for the Case

Halperin Battaglia Raicht, LLP, New York City ( Scott A. Ziluck of counsel), for defendants.

Nathan Shook , White Plains, for plaintiff.

OPINION OF THE COURT

ALAN D. SCHEINKMAN, J.

Defendant Darlene Jeter (defendant or Jeter) moves to dismiss this action as against her, pursuant to CPLR 3211 (a) (8), claiming that the court lacks jurisdiction over her person. The motion is opposed by plaintiff Summit Construction Services Group, Inc. (Summit or plaintiff). The issue presented is whether a contract guaranty to be performed in New York qualifies as a contract to perform services within New...

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