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KAM CONSTRUCTION CORP. v. BERGEY

693 CA 16-01816.

151 A.D.3d 1706 (2017)

56 N.Y.S.3d 740

2017 NY Slip Op 04657

KAM CONSTRUCTION CORP., Respondent, v. MICHAEL J. BERGEY, Defendant, and TUG HILL ENVIRONMENTAL, LLC, et al., Appellants.

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

Decided June 9, 2017.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion of defendants Tug Hill Environmental, LLC and Tug Hill Construction, Inc. is granted and the complaint against them is dismissed.

Memorandum: Plaintiff commenced this action alleging, inter alia, that defendant Michael J. Bergey breached a 2008 clay mining contract with plaintiff and that defendants Tug Hill Environmental, LLC and Tug Hill Construction...

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