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MARCUM, LLP v. SILVA

2013-04984, Index No. 4148/11.

117 A.D.3d 919 (2014)

985 N.Y.S.2d 900

2014 NY Slip Op 3664

MARCUM, LLP, Formerly Known as MARCUM & KLIEGMAN, LLP, Appellant, v. JERRY SILVA et al., Respondents.

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

Decided May 21, 2014.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeStefano, J.), dated March 18, 2013, which denied its motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

On a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party (see Schaffe v SimmsParris, 82 A.D.3d 867

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