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WILLIAM G. PROPHY, LLC v. TOWN OF SOUTHAMPTON

2021-07132. Index No. 616573/20.

219 A.D.3d 1378 (2023)

196 N.Y.S.3d 123

2023 NY Slip Op 04615

William G. Prophy, LLC, Appellant, v. Town of Southampton, Respondent.

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

Decided September 13, 2023.

Attorney(s) appearing for the Case

Scott Lockwood , Deer Park, NY, for appellant.

James M. Burke , Town Attorney, Southampton, NY ( Mark McRedmond of counsel), for respondent.

Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated September 15, 2021. The order, insofar as appealed from, granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In April 2018, the defendant Town of Southampton awarded a contract to the plaintiff on a stabilization...

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