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MOHAWK CONSTR. & SUPPLY CO., INC. v. WALSH/CONSIGLI JV

2022-03146. Index No. 52921/21.

222 A.D.3d 965 (2023)

203 N.Y.S.3d 148

2023 NY Slip Op 06735

Mohawk Construction and Supply Company, Inc., Appellant, v. Walsh/Consigli JV et al., Defendants, and Walsh Construction Group, LLC, et al., Respondents.

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

Decided December 27, 2023.

Attorney(s) appearing for the Case

Welby, Brady & Greenblatt, LLP, White Plains, NY ( Anthony P. Carlucci , David E. White , pro hac vice, Marc J. Felezzola , pro hac vice, and Benjamin A. Kift , pro hac vice, of counsel), for appellant.

Hinckley, Allen & Snyder, LLP, Albany, NY ( James J. Barriere and Chad J. Caplan of counsel), for respondents.

Dillon, J.P., Duffy, Christopher and Landicino, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Maria G. Rosa, J.), dated March 30, 2022. The order, insofar as appealed from, granted those branches of the motion of the defendants Walsh Construction Group, LLC, Consigli Construction Co., Inc., Walsh Northeast, and Consigli & Associates, LLC, which were pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted...

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