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RENAUD v. BEDFORD-CARP CONSTR., INC.

2021-07095. Index No. 515606/20.

221 A.D.3d 739 (2023)

199 N.Y.S.3d 639

2023 NY Slip Op 05629

Diamond Renaud et al., Respondents, v. Bedford-Carp Construction, Inc., Appellant, et al., Defendant.

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

Decided November 8, 2023.

Attorney(s) appearing for the Case

The Law Office of Steven Cohn, P.C., Carle Place, NY ( Mitchell R. Goldklang of counsel), for appellant.

Pelton Graham LLC, New York, NY ( Brenton E. Pelton and Taylor B. Graham of counsel), for respondents.

Dillon, J.P., Brathwaite Nelson, Miller and Maltese, JJ., concur.

In a putative class action, inter alia, to recover damages for breach of contract, the defendant Bedford-Carp Construction, Inc., appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J), dated August 31, 2021. The order, insofar as appealed from, denied that defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting

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