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MUTUAL REDEVELOPMENT HOUSES, INC. v. SKYLINE ENG'G, L.L.C.

10626. 651927/16.

178 A.D.3d 575 (2019)

2019 NY Slip Op 09112

Mutual Redevelopment Houses, Inc., Respondent, v. Skyline Engineering, L.L.C., Appellant, et al., Defendant.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Winget, Spadafora & Schwartzberg, LLP, New York ( Garry T. Stevens, Jr. of counsel), for appellant.

Goetz Fitzpatrick, LLP, New York ( Gary M. Kushner of counsel), for respondent.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.

Plaintiff commenced this action in 2016 alleging that it retained Skyline, an engineering firm, to perform "special inspection" services for "Phase I" of an HVAC installation project, and that Skyline negligently performed those services and breached the contract. In support of its motion for summary judgment, Skyline demonstrated prima facie that it completed Phase I work under the contract in 2012 and that it was serving in a...

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