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EAST EMPIRE v. BOROUGH CONSTR.

Index No. 655963/16. Appeal No. 14220. Case No. 2020-04836.

200 A.D.3d 1 (2021)

2021 NY Slip Op 05455

EAST EMPIRE CONSTRUCTION INC., Respondent, v. BOROUGH CONSTRUCTION GROUP LLC et al., Appellants, et al., Defendants.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

Tuttle Yick LLP, New York City ( David G. Skillman of counsel), for appellants.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City ( Maurizio Anglani of counsel), for respondent.

SINGH, KENNEDY, MENDEZ and HIGGITT, JJ., concur.

OPINION OF THE COURT

This breach of contract case, in which plaintiff alleges that defendant failed to comply with the notice-to-cure provision before terminating the contract, gives us the opportunity to address the strict nature of these types of provisions and the very rare instances...

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