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THOMAS LAVIN CONSTR., LLC v. EPSTEIN

2022-02533, Index No. 603075/20.

2024 NY Slip Op 02218

THOMAS LAVIN CONSTRUCTION, LLC, Appellant, v. HARRY EPSTEIN, Respondent.

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

Decided April 24, 2024.

Attorney(s) appearing for the Case

Lakis Law, LLC, Garden City, NY ( Dean Lakis of counsel), for appellant.

Silliman Law P.C., Manorville, NY ( Catherine Silliman of counsel), for respondent.

Before: Colleen D. Duffy, J.P., Robert J. Miller, Deborah A. Dowling, Carl J. Landicino, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated March 3, 2022. The order, insofar as appealed from, granted the defendant's motion pursuant to CPLR 3015(e) and 3211(a)(7), in effect, to dismiss the amended complaint.

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

The plaintiff...

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