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TADCO CONSTR. CORP. v. GENERAL CONTRS. ASSN. OF N.Y., INC.

656320/20, Appeal No. 1378, Case No. 2023-01834.

2024 NY Slip Op 00059

TADCO CONSTRUCTION CORP., Plaintiff-Appellant, v. GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC., Defendant-Respondent.

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

Decided January 9, 2024.

Attorney(s) appearing for the Case

Bryan Ha , White Plains, for appellant.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York ( Mark A. Rosen of counsel), for respondent.

Before: Webber, J.P., Gesmer, Kennedy, Rosado, Michael, JJ.

Order, Supreme Court, New York County (Lucy Billings, J.), entered on or about September 7, 2023, denying plaintiff Tadco Construction Corp.'s motion for a default judgment, unanimously affirmed, with costs.

In this action seeking damages for breach of fiduciary duty or, in the alternative, declaratory relief, defendant General Contractors Association of New York, Inc. (GCA) was technically in default when it failed to timely answer or move to dismiss after it filed...

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