GYM DOOR REPAIRS, INC. v. ASTORIA GENERAL CONTRACTING CORP.

2014-09100, Index No. 702547/12.

144 A.D.3d 1093 (2016)

2016 NY Slip Op 08047

43 N.Y.S.3d 381

GYM DOOR REPAIRS, INC., on Behalf of Itself and All Other Trust Beneficiaries Similarly Situated, Plaintiff, v. ASTORIA GENERAL CONTRACTING CORP. et al., Defendants/Third-Party Plaintiffs-Appellants, et al., Defendants. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Third-Party Defendants-Respondents.

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

Decided November 30, 2016.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the third-party defendants' motion which was pursuant to CPLR 3211 (a) to dismiss the third-party cause of action alleging breach of contract, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

Astoria General Contracting Corp. (hereinafter AGC), a general contractor,...

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