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LARDON CONSTR. CORP. v. MARK CERRONE, INC.

400 CA 22-01123.

219 A.D.3d 1116 (2023)

194 N.Y.S.3d 396

2023 NY Slip Op 04263

Lardon Construction Corp., Appellant, v. Mark Cerrone, Inc., Respondent, et al., Defendant.

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

GEFFREY GISMONDI LLC, TONAWANDA ( GEFFREY GISMONDI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO ( THOMAS D. LYONS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Lindley, J.P., Montour, Ogden and Greenwood, JJ.

Appeal from a judgment of the Supreme Court, Niagara County (Timothy J. Walker, A.J.), entered April 11, 2022. The judgment awarded defendant Mark Cerrone, Inc. the sum of $439,499.76 as against plaintiff.

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

Memorandum: Defendant Mark Cerrone, Inc. (Cerrone), a general contractor, entered into a subcontract with plaintiff...

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