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BARILLA AM. NY, INC. v. BOULTER INDUS. CONTRS., INC.

948 CA 19-02089.

195 A.D.3d 1472 (2021)

145 N.Y.S.3d 482

2021 NY Slip Op 03771

Barilla America NY, Inc., Respondent, v. Boulter Industrial Contractors, Inc., Appellant.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

THE LAW FIRM OF JANICE M. IATI, P.C., PITTSFORD ( ELIZABETH K. OGNENOVSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

BARCLAY DAMON LLP, SYRACUSE ( ALAN R. PETERMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, Barilla America NY, Inc. (Barilla), is the owner of a pasta production plant in Avon, New York. Barilla entered into an oral agreement (agreement) with defendant, Boulter Industrial Contractors, Inc. (Boulter), whereby Boulter would provide millwrights to perform preventative maintenance on Barilla's equipment during its annual shutdown of the plant....

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