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REDCOM CM, INC. v. FREDERICK S. FISH INV. CO. NO. 32-SCARSDALE, LLC

2020-03743. Index No. 54168/19.

218 A.D.3d 615 (2023)

193 N.Y.S.3d 186

2023 NY Slip Op 03809

Redcom CM, Inc., Respondent, v. Frederick S. Fish Investment Co. No. 32-Scarsdale, LLC, et al., Appellants, et al., Defendants.

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

Decided July 12, 2023.

Attorney(s) appearing for the Case

Zarin & Steinmetz, White Plains, NY ( Lee J. Lefkowitz and Lisa F. Smith of counsel), for appellants.

Sive, Paget & Riesel, P.C., New York, NY ( John-Patrick Curran of counsel), for respondent.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.

In an action, inter alia, to foreclose a mechanic's lien, the defendants Frederick S. Fish Investment Co. No. 32-Scarsdale, LLC, and Stephen Oder Scarsdale, LLC, appeal from an order of the Supreme Court, Westchester County (James W. Hubert, J.), dated March 13, 2020. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was for summary judgment on so much of the cause of action to recover damages for breach of contract as was based on those...

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