DONNINGER CONSTR., INC. v. C.W. BROWN, INC.

2012-06394, 2012-09798

113 A.D.3d 724 (2014)

979 N.Y.S.2d 133

2014 NY Slip Op 323

DONNINGER CONSTRUCTION, INC., Appellant, v. C.W. BROWN, INC., Respondent.

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

Decided January 22, 2014.


In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals (1) from a decision of the Supreme Court, Suffolk County (Gazzillo, J.), dated March 27, 2012, made after a nonjury trial, and (2), as limited by its brief, from so much of a judgment of the same court entered August 1, 2012, as, upon the decision, is in favor of the defendant and against it dismissing the first cause of action.

Ordered that the appeal from the decision is dismissed...

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