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REGALIS CONSTR., INC. v. WONDER WORKS CONSTR. CORP.

Index No. 101863/12. Appeal No. 13492. Case No. 2020-02654.

193 A.D.3d 434 (2021)

141 N.Y.S.3d 685

2021 NY Slip Op 02084

Regalis Construction, Inc., Respondent, v. Wonder Works Construction Corp., Appellant.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Tsyngauz & Associates, P.C., New York ( Bansari Sheth of counsel), for appellant.

Daniel S. Perlman , Scarsdale, for respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

The evidence at trial did not support judgment in favor of plaintiff for the outstanding invoices for the project at 111 Fulton Street (Invoices WW-09-11-02-$2,360; WW-10-01-18-$1,620; and WW-10-01-25-$3,810), as the documentary evidence establishes that plaintiff signed a release providing that upon payment of $5,158.54, plaintiff released both defendant and another company from any claims in connection with the project and that...

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