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GREYSTONE BUILDING & DEVELOPMENT CORP. v. MAKRO GENERAL CONTRACTORS, INC.

11235, 450271/16.

181 A.D.3d 468 (2020)

121 N.Y.S.3d 23

2020 NY Slip Op 01584

Greystone Building & Development Corp., Appellant, v. Makro General Contractors, Inc., et al., Respondents, et al., Defendant.

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

Decided March 10, 2020.

Summary judgment in plaintiff's favor on its claim for payment for work performed is precluded by issues of fact as to the portion of the contract that was performed and the portion that was deleted (see e.g. F. Garofalo Elec. Co. v New York Univ., 300 A.D.2d 186, 189 [1st Dept 2002]; Sea Crest Constr. Corp. v City of New York, 286 A.D.2d 652...

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