TYREK HEIGHTS ERECTORS, INC. v. WDF, INC.

10665. 650690/12.

178 A.D.3d 631 (2019)

2019 NY Slip Op 09386

Tyrek Heights Erectors, Inc., Appellant, v. WDF, Inc., et al., Respondents, et al., Defendants.

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

Decided December 26, 2019.


Attorney(s) appearing for the Case

The Law Office of Joshua D. Spitalnik, P.C., Roslyn ( Joshua D. Spitalnik of counsel), for appellant.

Kaufman, Dolowich & Voluck, LLP, Woodbury ( Andrew L. Richards of counsel), for respondents.

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


Plaintiff has met its burden of pointing to evidence raising triable issues of fact as to whether WDF engaged in intentional misconduct by willfully interfering with plaintiff's timely performance of its subcontracts. It is undisputed that the subject projects suffered extensive delays when a high-voltage cable owned by the Long Island Power Authority (the LIPA cable) was discovered running alongside the subway line on which the work was being performed. Subsequent to this...

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