ECOLINE, INC. v. HERITAGE AIR SYSTEMS, INC.

2015-06532, Index No. 36610/09.

161 A.D.3d 1045 (2018)

78 N.Y.S.3d 350

2018 NY Slip Op 03662

Ecoline, Inc., Also Known as Ecoline Insulation Contractors, Appellant, v. Heritage Air Systems, Inc., et al., Respondents.

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

Decided May 23, 2018.


Ordered that the order is modified, on the law, by deleting the provision thereof searching the record and awarding the defendants summary judgment dismissing so much of the first cause of action as sought, in paragraphs 8, 9, 10, 12, and 13 of the amended complaint, to recover an unpaid contract balance and payment for change orders; as so modified, the order is affirmed, without costs or disbursements.

The defendants' motion for partial summary judgment sought only...

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