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KULBACK'S INC. v. BUFFALO STATE VENTURES, LLC

335 CA 19-02006.

197 A.D.3d 890 (2021)

153 N.Y.S.3d 256

2021 NY Slip Op 04813

Kulback's Inc., on Behalf of Itself and All Others Similarly Situated, Appellant, v. Buffalo State Ventures, LLC, et al., Respondents, et al., Defendants.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

LAW OFFICE OF RALPH C. LORIGO, WEST SENECA ( FRANK J. JACOBSON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BOND, SCHOENECK & KING, PLLC, ROCHESTER ( JOSEPH S. NACCA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Centra, J.P., Peradotto, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the sixth and eighth causes of action, and as modified the order is affirmed without costs.

Memorandum: Plaintiff is in the construction business, and it entered into a contract with defendant Buffalo State Ventures, LLC (BSV) to perform work on a commercial construction project on property owned by BSV. Plaintiff commenced this action...

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