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WDF INC. v. VAMCO SHEET METALS, INC.

Index No. 651314/11. Appeal No. 14833. Case No. 2020-05027.

200 A.D.3d 549 (2021)

155 N.Y.S.3d 317

2021 NY Slip Op 06975

WDF Inc., Respondent, v. Vamco Sheet Metals, Inc., Appellant/Third-Party Plaintiff-Appellant. Fidelity and Deposit Company Maryland, Third-Party Defendant-Respondent.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Terrence O'Connor, P.C., Bronx ( Terrence J. O'Connor of counsel), for appellant.

Kaufman Dolowich & Voluck, LLP, Woodbury ( Andrew L. Richards of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

Plaintiff established entitlement to summary judgment on its breach of contract claim (see CPLR 3212[b]; Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). Plaintiff demonstrated, and defendant failed to refute, that defendant breached the subcontract by, among other things, failing to provide sufficient workers on the project as requested.

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