6115 NIAGARA FALLS BLVD., LLC v. CALAMAR CONSTR. MGT., INC.

1257 CA 20-00030.

193 A.D.3d 1436 (2021)

147 N.Y.S.3d 831

2021 NY Slip Op 02707

6115 Niagara Falls Boulevard, LLC, Appellant-Respondent, v. Calamar Construction Management, Inc., Respondent-Appellant. (Appeal No. 1.)

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO ( ELIZABETH A. KRAENGEL OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

SARAH K. HYMAN , WHEATFIELD, FOR DEFENDANT-RESPONDENT-APPELLANT.

Present—Smith, J.P., Peradotto, NeMoyer, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in its entirety plaintiff's motion to enforce the stipulation of settlement and settlement agreement and rescinding the stipulation of settlement and settlement agreement, and as modified the order is affirmed without costs.

Memorandum: Plaintiff, a property owner, contracted with defendant as the general contractor on a construction project. After plaintiff commenced...

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