UBERTO, LTD. v. SUPCOFF

655155/16. Appeal No. 12087. Case No. 2019-4851.

187 A.D.3d 560 (2020)

133 N.Y.S.3d 564

2020 NY Slip Op 05837

Uberto, Ltd., Appellant, v. Marc Supcoff et al., Respondents.

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

Decided October 15, 2020.


Plaintiff, a contractor, entered into a contract with a homeowner to renovate a home. An action was brought against plaintiff and a subcontractor by an adjacent owner alleging trespass. The homeowner retained defendants to defend plaintiff in the trespass action and to initiate an action against the adjacent owner. At some point, the homeowner became dissatisfied with plaintiff's work and terminated it for cause under the agreement. Plaintiff brought an arbitration proceeding...

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