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VIEIRA v. ISLAND WIDE KITCHENS & BATHS, LLC

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42 Misc.3d 20 (2013)

979 N.Y.S.2d 219

2013 NY Slip Op 23387

ROGERIO VIEIRA, Doing Business as COMPLETE HOME IMPROVEMENTS, Appellant, v. ISLAND WIDE KITCHENS & BATHS, LLC, Doing Business as ISLAND WIDE KITCHENS, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided October 29, 2013.

Attorney(s) appearing for the Case

Anthony P. Marchesi , Garden City ( Ralph A. Bontempo of counsel), for appellant.

Allison M. Kourbage , P.C., Melville, for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, without costs, and, upon reargument, defendant's motion to dismiss the complaint is denied.

Plaintiff, a subcontractor, commenced this action to recover the balance allegedly due for home improvement work plaintiff had performed at two residences located in Suffolk County, New York, at the request of defendant, a general contractor. Plaintiff asserted...

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