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ALLEGHANY CONSTR. INC. v. CHAUTAUQUA WOODS CORP.

1006 CA 21-00601.

200 A.D.3d 1699 (2021)

155 N.Y.S.3d 886

2021 NY Slip Op 07410

Alleghany Construction Inc., Respondent, v. Chautauqua Woods Corp. et al., Appellants. (Appeal No. 2.)

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

COTTER & COTTER, BUFFALO ( DAVID B. COTTER OF COUNSEL), FOR DEFENDANT-APPELLANT.

WRIGHT, WRIGHT AND HAMPTON, JAMESTOWN ( JOSEPH M. CALIMERI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this breach of contract action, defendants appeal, in appeal No. 1, from an order granting plaintiff's motion for summary judgment on the complaint and awarding plaintiff $47,523.02 in damages. Subsequent to the entry of the order in appeal No. 1, a judgment in that amount was entered in favor of plaintiff. In appeal No. 2, defendants appeal from an order denying...

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