HAI HONG CONSTR. CORP. v. NAB 2000 REALTY, LLC

Index No. 160345/18. Appeal No. 15364. Case No. 2021-03897.

202 A.D.3d 623 (2022)

159 N.Y.S.3d 843

2022 NY Slip Op 01242

Hai Hong Construction Corp., Respondent, v. NAB 2000 Realty, LLC, Appellant.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho ( Michael Cassell of counsel), for appellant.

Law Office of Craig A. Blumberg, New York ( Craig A. Blumberg of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.


The motion court erred in finding, upon a search of the record, that plaintiff was entitled to summary judgment on its claim to recover the proceeds of a check issued by defendant's insurance company to both parties for plaintiff's emergency rehabilitation work on defendant's fire-damaged building, as the parties' contract does not unambiguously support plaintiff's claim (see generally Castillo v Big Apple Hyundai, 177 A.D.3d 473 [1st Dept 2019]; Pereira v J.P....

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