FIVE STAR ELEC. CORP. v. A.J. PEGNO CONSTR. CO., INC.

Index No. 400897/11. Appeal No. 12207. Case No. 2020-02955.

187 A.D.3d 635 (2020)

131 N.Y.S.3d 145

2020 NY Slip Op 06051

Five Star Electric Corp., Respondent, v. A.J. Pegno Construction Co., Inc./Tully Construction Co., Inc., et al., Appellants.

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

Decided October 27, 2020.


Defendants are not entitled to summary judgment dismissing the complaint, which asserts causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. On appeal, defendants do not dispute that plaintiff is an intended third-party beneficiary of their contract with the City. The contractual notice provision at issue was not a condition precedent to commencing this lawsuit, as it lacked...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases