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AMERICAN INFERTILITY OF N.Y., P.C. v. VERIZON N.Y., INC.

Docket No. 159892/15. Appeal Nos. 14031, 14031A. Case Nos. 2021-00128, 2021-00141.

195 A.D.3d 460 (2021)

144 N.Y.S.3d 858

2021 NY Slip Op 03541

American Infertility of New York, P.C., Doing Business as Center for Human Reproduction, et al., Appellants, v. Verizon New York, Inc., Respondent.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

La Reddola, Lester & Associates, LLP, Garden City ( Steven M. Lester of counsel), for appellants.

Smith, Gambrell & Russell, LLP, New York ( John Van Der Tuin of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, González, JJ.

Defendant demonstrated prima facie that there was no evidence that plaintiffs' construction costs were increased as a result of defendant's alleged four-month delay in moving its main feeder cable from plaintiffs' property, since the construction contract was for a fixed price and, with one exception (Change Order #3), the change orders were unrelated to the cable. On appeal, plaintiffs assert that their claim for additional construction...

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