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5 BROS, INC v. DCM OF NY, LLC

500824/2011.

39 Misc.3d 711 (2013)

960 N.Y.S.2d 876

2013 NY Slip Op 23070

5 BROTHERS, INC., Also Known as AVON CONTRACTORS, Plaintiff, v. D.C.M. OF NEW YORK, LLC, et al., Defendants. VINTAGE FLOORING & TILE INC., Petitioner, v. DCM OF NY, LLC, Respondent.

Supreme Court, Kings County.

Decided February 13, 2013.

Attorney(s) appearing for the Case

Kushnick Pallaci PLLC, Melville ( Vincent Pallaci of counsel), for D.C.M. of New York, LLC, defendant-respondent. Giordano Law Firm, Richmond Hill ( Christina J. Otto of counsel), for Vintage Flooring & Tile Inc., defendant-petitioner.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

In this action, general contractor D.C.M. of New York, LLC moves to vacate an arbitration award rendered in favor of subcontractor Vintage Flooring & Tile Inc. Under a separate index number, Vintage moves to confirm the arbitration award.

Background

The underlying disputes stem from a construction improvement project for Best Buy retail store at Kings Plaza Mall. DCM, the general contractor...

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