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STRUCTURE TEK CONSTR., INC. v. WATERVILLE HOLDINGS, LLC

2015-06020, Index No. 8263/12.

140 A.D.3d 1151 (2016)

35 N.Y.S.3d 215

2016 NY Slip Op 05140

STRUCTURE TEK CONSTRUCTION, INC., Respondent, v. WATERVILLE HOLDINGS, LLC, Doing Business as SMUGGLER JACKS RESTAURANT, et al., Appellants, et al., Defendant.

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

Decided June 29, 2016.

Ordered that the judgment is affirmed, with costs.

The plaintiff was hired by the defendant Waterville Holdings, LLC, doing business as Smuggler Jacks Restaurant, as a contractor in connection with the construction of a restaurant located on property owned by the defendant Noel Cannon (hereinafter together the defendants). Sometime thereafter, the plaintiff and the defendants became involved in a dispute about the construction of the subject restaurant. The plaintiff...

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