BERARDI STONE SETTING, INC. v. STONEWALL CONTR. CORP.

2018-01294, Index No. 55925/16.

170 A.D.3d 934 (2019)

96 N.Y.S.3d 318

2019 NY Slip Op 02053

Berardi Stone Setting, Inc., Respondent, v. Stonewall Contracting Corp., Appellant.

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

Decided March 20, 2019.


Ordered that the order is reversed, on the facts, with costs, and the defendant's motion to vacate the judgment entered August 25, 2017, is granted.

The defendant is a general contractor that was retained in connection with a public improvement project at Atlantic Terminal in Brooklyn. The defendant performed part of the work, but also subcontracted a portion of the work to the plaintiff. On April 28, 2016, the plaintiff commenced this action against the defendant...

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