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ROOS v. KING CONSTRUCTION

2016-11131, Index No. 51160/13.

179 A.D.3d 857 (2020)

116 N.Y.S.3d 344

2020 NY Slip Op 00317

Andrew H. Roos, Respondent, v. King Construction et al., Appellants.

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

Decided January 15, 2020.

Ordered that the judgment is reversed, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the causes of action alleging breach of contract and conversion and diversion of trust funds are denied, the order dated September 28, 2015, is modified accordingly, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

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