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BELLE LIGHTING LLC v. ARTISAN CONSTRUCTION PARTNERS LLC

10636. 655050/16.

178 A.D.3d 605 (2019)

2019 NY Slip Op 09359

Belle Lighting LLC, Respondent, v. Artisan Construction Partners LLC et al., Appellants.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, New York ( Robert Mastrogiacomo of counsel), for appellants.

Law Offices of Edward Weissman, New York ( Edward Weissman of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Singh, González, JJ.

To make a prima facie case on its breach of contract claim, plaintiff had to demonstrate "the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages" (Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]; see also Nevco Contr. Inc. v R.P. Brennan Gen. Contrs. & Bldrs., Inc., 139 A.D.3d 515 [1st Dept 2016...

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