JADECO CONSTR. CORP. v. TOWN OF SMITHTOWN

2014-03270

128 A.D.3d 640 (2015)

7 N.Y.S.3d 585

2015 NY Slip Op 03805

JADECO CONSTRUCTION CORP., Respondent, v. TOWN OF SMITHTOWN, Appellant.

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

Decided May 6, 2015.


In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated February 10, 2014, which denied its motion for summary judgment dismissing the complaint with leave to renew upon the submission of proper papers after the completion of depositions.

Ordered that the order is affirmed, with costs.

In June 2008, the plaintiff submitted a bid to the defendant Town of Smithtown to...

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