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ACS SYS. ASSOC., INC. v. AMCC CORP.

Motion No. 2012-1167.

106 A.D.3d 761 (2013)

964 N.Y.S.2d 426

2013 NY Slip Op 3285

ACS SYSTEM ASSOCIATES, INC., Appellant, v. AMCC CORPORATION, Respondent.

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

Decided May 8, 2013.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the plaintiff's claim is subject to the dispute resolution procedure set forth in the parties' subcontract, and that the plaintiff failed to comply with this procedure (see Moretrench Am. Corp. v Liberty Mut. Ins. Co., Sup Ct, Kings County, Feb. 24, 2009...

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