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DiMARCO CONSTRUCTORS, LLC v. TOP CAPITAL OF N.Y. BROCKPORT, LLC

860 CA 19-01875.

193 A.D.3d 1375 (2021)

147 N.Y.S.3d 774

2021 NY Slip Op 02680

DiMarco Constructors, LLC, et al., on Their Own Behalf and on Behalf of Others Similarly Situated, Appellants-Respondents, v. Top Capital of New York Brockport, LLC, et al., Respondents-Appellants, and Louis Giardino, Respondent.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

ADAMS LECLAIR, LLP, ROCHESTER ( RICHARD T. BELL, JR. , OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

BOYLAN CODE LLP, ROCHESTER ( ROBERT J. MARKS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present—Whalen, P.J., Smith, Curran, Troutman and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is modified on the law by denying the motion in its entirety and as modified the order is affirmed without costs.

Memorandum: Plaintiffs, the general contractor and subcontractors in a construction project, commenced this action seeking, inter alia, to recover the balance allegedly due under a construction contract between defendant Top Capital of New York Brockport, LLC (Top Capital) and the general contractor...

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