G.M. CRISALLI & ASSOCIATES, INC. v. PRESTIGE CONTR., INC.

570 CA 20-01126.

199 A.D.3d 1307 (2021)

158 N.Y.S.3d 454

2021 NY Slip Op 06220

G.M. Crisalli & Associates, Inc., Appellant-Respondent, v. Prestige Contracting, Inc., et al., Respondents-Appellants.

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

SHEATS & BAILEY, PLLC, LIVERPOOL ( PATIENCE E. SCHERMER OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

BYRNE, COSTELLO & PICKARD, P.C., SYRACUSE ( JORDAN R. PAVLUS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion and dismissing the counterclaim, and as modified the order is affirmed without costs.

Memorandum: In late 2015, Wal-Mart Stores, Inc. (Walmart) contracted with plaintiff to serve as general contractor on a construction project in Pennsylvania. Thereafter, plaintiff subcontracted with defendants to perform...

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