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MURTHA CONSTR., INC. v. TOWN OF SOUTHAMPTON HOUS. AUTH.

2020-06508. Index No. 70847/14.

210 A.D.3d 896 (2022)

179 N.Y.S.3d 121

2022 NY Slip Op 06483

Murtha Construction, Inc., Appellant, v. Town of Southampton Housing Authority, Respondent, et al., Defendant.

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

Decided November 16, 2022.

Attorney(s) appearing for the Case

Lite & Russell, PLLC, West Islip, NY ( Justin N. Lite of counsel), for appellant.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, Riverhead, NY ( Craig H. Handler of counsel), for respondent.

Connolly, J.P., Iannacci, Ford and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (George M. Nolan, J.), dated August 21, 2020. The order granted the motion of the defendant Town of Southampton Housing Authority for summary judgment dismissing the amended complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

On November 8, 2013, the plaintiff entered into a contract...

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