GMS BATCHING, INC. v. TADCO CONSTR. CORP.


120 A.D.3d 549 (2014)

990 N.Y.S.2d 843

2014 NY Slip Op 05773

GMS BATCHING, INC., Respondent-Appellant, v. TADCO CONSTRUCTION CORPORATION et al., Appellants-Respondents, et al., Defendants.

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

Decided August 13, 2014.


In an action, inter alia, to recover damages for breach of contract, the defendants TADCO Construction Corporation and Frank DeMartino appeal from stated portions of an order of the Supreme Court, Queens County (Schulman, J.), entered August 25, 2011, and the plaintiff cross-appeals from stated portions of the same order.

Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.

The appeal and cross appeal from the order must...

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