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SWEET CONSTRUCTORS, LLC v. WALLKILL MED. DEV., LLC

2012-00106.

106 A.D.3d 810 (2013)

965 N.Y.S.2d 145

2013 NY Slip Op 3321

SWEET CONSTRUCTORS, LLC, Appellant-Respondent, v. WALLKILL MEDICAL DEVELOPMENT, LLC, et al., Respondents-Appellants.

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

Decided May 8, 2013.

Ordered that the order is reversed insofar as appealed from, on the law, and the defendants' cross motion for summary judgment dismissing the complaint is denied; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In the instant action, the plaintiff asserts causes of action sounding in breach of contract due to nonpayment, and on an account...

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