BARBIERI v. MILES

550 CA 15-01661.

140 A.D.3d 1692 (2016)

34 N.Y.S.3d 292

2016 NY Slip Op 04597

SAL BARBIERI, Doing Business as NORTHSIDE ROOFING, Respondent, v. DAVID R. MILES, Appellant.

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

Decided June 10, 2016.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the counterclaims are reinstated.

Memorandum: Defendant appeals from an order that granted plaintiff's motion for leave to renew his prior motion for summary judgment dismissing defendant's counterclaims and, upon renewal, dismissed the counterclaims. Plaintiff commenced this action asserting a single cause of action for breach of contract...

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