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LIPCO ELEC. CORP. v. ASG CONSULTING CORP.

2012-07610, Index Nos. 8775/01, 13379/01.

117 A.D.3d 688 (2014)

984 N.Y.S.2d 619

2014 NY Slip Op 3237

LIPCO ELECTRICAL CORP. et al., Respondents, v. ASG CONSULTING CORPORATION et al., Appellants. (Action No. 1.) ASG CONSULTING CORP. et al., Plaintiffs, v. ACTION ELECTRICAL CONT. CO. INC., Also Known as ACTION ELECTRICAL CONTRACTING COMPANY, INC., et al., Defendants. (Action No. 2.)

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

Decided May 7, 2014.

In two related actions, inter alia, to recover damages for breach of contract, the defendants in action No. 1 appeal from so much of an order of the Supreme Court, Nassau County (Driscoll, J.), entered June 11, 2012, as denied their motion for summary judgment dismissing the complaint in action No. 1.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendants...

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