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BAYMEN INDUSTRIES, LTD. v. EMPIRE CITY SUBWAY COMPANY (LIMITED)

Index No. 650743/20, Appeal No. 1391, Case No. 2022-05492.

2024 NY Slip Op 00123

BAYMEN INDUSTRIES, LTD., Plaintiff-Appellant, v. EMPIRE CITY SUBWAY COMPANY (LIMITED), ET AL., Defendants-Respondents.

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

Decided January 11, 2024.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City ( Brett D. Zinner of counsel), for appellant.

Herrick Feinstein LLP, New York ( Alan D. Kaplan of counsel), for respondents.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about October 27, 2022, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, without costs.

Supreme Court correctly dismissed the complaint in this action in which plaintiff, a street milling contractor, seeks payment from defendant utility companies for utility interference work performed in connection with plaintiff's contracts...

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