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AMERICAN ARCHITECTURAL, INC. v. MARINO

2011-11591, Index No. 16931/10.

109 A.D.3d 773 (2013)

971 N.Y.S.2d 314

2013 NY Slip Op 5785

AMERICAN ARCHITECTURAL, INC., Individually and on Behalf of All Other Lienors, Claimants or Creditors for Wages or Materials in Connection with a Public Improvement Herein Described, Respondent-Appellant, v. CHARLES MARINO et al., Appellants-Respondents, et al., Defendant.

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

Decided September 11, 2013.

In an action, inter alia, to recover damages for breach of contract, the defendants Charles Marino, AMCC Corp., and Liberty Mutual Insurance Company appeal from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated October 3, 2011, as amended December 1, 2011, as denied those branches of their motion which were to dismiss the fourth and fifth causes of action insofar as asserted against them and granted that...

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