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EMERALD EQUIP. SYS., INC. v. GEARHART BROS. SERVS., LLC

104 CA 13-01266

115 A.D.3d 1187 (2014)

983 N.Y.S.2d 152

2014 NY Slip Op 1859

EMERALD EQUIPMENT SYSTEMS, INC., Appellant, v. GEARHART BROTHERS SERVICES, LLC, Respondent.

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

Decided March 21, 2014.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered June 12, 2013. The order denied plaintiff's motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the matter is remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this breach of contract...

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