DURHAM COMMERCIAL CAPITAL CORP. v. WADSWORTH GOLF CONSTRUCTION COMPANY OF THE MIDWEST, INC.

468 CA 17-00855.

160 A.D.3d 1442 (2018)

76 N.Y.S.3d 693

2018 NY Slip Op 02987

Durham Commercial Capital Corp., Appellant, v. Wadsworth Golf Construction Company of the Midwest, Inc., Also Known as Wadsworth Golf Construction Company, Respondent.

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

Decided April 27, 2018.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for breach of contract, alleging that nonparty Yousse Irrigation, Inc. (Yousse), had assigned plaintiff its rights to payment of its accounts receivable, and that defendant failed to pay the full amount due under one such assigned account. Plaintiff sought to recover from defendant the remaining amount that defendant...

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