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OMAR v. MOORE

1143 CA 20-00270.

196 A.D.3d 1182 (2021)

2021 NY Slip Op 04471

Nasir Muzaid Omar, Appellant, v. Michael Moore, II, et al., Defendants, and Sadeq Ahmed, Also Known as Sadeq Ahmed Alshamari, Respondent.

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

VANDETTE PENBERTHY LLP, BUFFALO ( BRITTANYLEE PENBERTHY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

PHILLIPS LYTLE LLP, BUFFALO ( SEAN C. McPHEE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion for summary judgment is denied and the third cause of action is reinstated.

Memorandum: Plaintiff commenced this action seeking to recover damages for, inter alia, breach of contract, negligence, and unjust enrichment arising from the unsatisfactory performance of construction work on his residence. Defendant...

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