RJBC OF NY, INC. v. RUZIC

2018-12226, Index No. 23714/11.

175 A.D.3d 1574 (2019)

106 N.Y.S.3d 882

2019 NY Slip Op 06811

RJBC of NY, Inc., Appellant, v. Remiggio Ruzic, et al., Respondents.

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

Decided September 25, 2019.


Attorney(s) appearing for the Case

Mallilo & Grossman, Flushing, NY ( Francesco J. Pomara, Jr. , and Lorenzo Tasso of counsel), for appellant.

Peter E. Tommaso , Kew Gardens, NY, for respondents.

Rivera, J.P., Duffy, Connolly and Iannacci, JJ., concur.


Ordered that the order entered July 31, 2018, is affirmed, with costs.

In 2011, the plaintiff, a home improvement contractor, commenced this action against the defendant homeowners, inter alia, to recover damages for breach of contract. Thereafter, the defendants interposed an answer, and the parties engaged in discovery. In 2013, the plaintiff filed a note of issue, and the action was placed on the trial calendar. After several adjournments, on July 16, 2014, the...

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