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PRECAST RESTORATION SERVICES, LLC v. GLOBAL PRECAST, INC.

15168, 104029/10.

131 A.D.3d 873 (2015)

17 N.Y.S.3d 393

2015 NY Slip Op 06956

PRECAST RESTORATION SERVICES, LLC, Respondent, v. GLOBAL PRECAST, INC., Appellant, et al., Defendants.

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

Decided September 29, 2015.

In this action alleging, among other things, defendant's violation of the Prompt Payment Act (General Business Law § 756 et seq.), defendant did not waive its affirmative defenses by failing to disapprove plaintiff's invoices (see Donninger Constr., Inc. v C.W. Brown, Inc., 113 A.D.3d 724, 725 [2d Dept 2014]). Because plaintiff failed to establish an absence of material issues of fact as to the merits of those defenses...

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