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TANGLEWOOD TERRACE AT SMITHTOWN CORP. v. UP RITE CONSTR. OF LONG IS. CORP.

2019-11910, Index No. 602528/15.

206 A.D.3d 687 (2022)

170 N.Y.S.3d 130

2022 NY Slip Op 03541

Tanglewood Terrace at Smithtown Corp., Appellant, v. Up Rite Construction of Long Island Corp., Respondent, et al., Defendant.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Schneider Buchel LLP, Garden City, NY ( Marc H. Schneider , Thomas A. Bizzaro , and Diana DiLeonardo of counsel), for appellant.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.

Ordered that the judgment is affirmed, without costs or disbursements.

In 2009, the defendant Up Rite Construction of Long Island Corp. (hereinafter the defendant) contracted with the plaintiff, a cooperative corporation, to perform work on the facade of three buildings owned by the plaintiff. In 2015, the plaintiff commenced this action, inter alia, to recover damages for breach of contract, alleging that the defendant had improperly performed its work, resulting...

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