G BLDRS., LLC v. BONDEX INS. CO.

Index No. 655962/17. Appeal No. 13532. Case No. 2020-03161.

193 A.D.3d 452 (2021)

141 N.Y.S.3d 698

2021 NY Slip Op 02101

G Builders, LLC, et al., Appellants, v. Bondex Insurance Company et al., Respondents, et al., Defendant.

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

Decided April 6, 2021.


Attorney(s) appearing for the Case

Porzio, Bromberg & Newman, P.C., New York ( Carol A. Sigmond and Joshua M. Deal of counsel), for appellants.

Bittiger Elias & Triolo, P.C., New York ( Jason L. Bittiger of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.


Defendants demonstrated by admissible evidence that plaintiffs received payments for services performed on a construction project in excess of the total amount they had invoiced, thereby shifting the burden to plaintiffs to present opposing evidence in admissible form sufficient to demonstrate the existence of a triable issue of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 560 [1980]). Plaintiffs' assertion that some of...

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