S.J. FUEL CO., INC. v. DORANN RESOURCES, LTD.

2017-03185. Index No. 507933/16.

165 A.D.3d 995 (2018)

86 N.Y.S.3d 198

2018 NY Slip Op 06955

S.J. Fuel Co., Inc., Respondent, v. Dorann Resources, Ltd., Doing Business as 6th Street Iron & Metal, et al., Defendants, and Petros Realty Corp., Doing Business as 6th Street Iron & Metal, Appellant.

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

Decided October 17, 2018.


Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion of the defendant Petros Realty Corp. which were for summary judgment dismissing the causes of action to recover damages for breach of contract and on an account stated insofar as asserted against it, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.

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