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COMMAND COMPONENTS CORP. v. HWJ ENG'G & SURVEYING, PLLC

2018-13095. Index No. 604241/17.

189 A.D.3d 990 (2020)

133 N.Y.S.3d 887

2020 NY Slip Op 07351

Command Components Corporation, Plaintiff, and Penataquit, LLC, Respondent, v. HWJ Engineering and Surveying, PLLC, et al., Appellants, et al., Defendant.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Kosakoff & Cataldo, LLP, Central Islip, NY ( David B. Kosakoff and Katherine M. Weiss of counsel), for appellants.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants HWJ Engineering and Surveying, PLLC, Hawkins Webb Jaeger, PLLC, and Michael Russo which was pursuant to CPLR 3211(a)(1) to dismiss the amended complaint insofar as asserted against the appellants is granted.

The plaintiff Penataquit, LLC (hereinafter Penataguit) and the defendant HWJ Engineering and Surveying, PLLC (hereinafter HWJ)...

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