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HUNT CONSTR. GROUP, INC. v. ONEIDA INDIAN NATION

CA 07-02515.

2008 NY Slip Op 06029

HUNT CONSTRUCTION GROUP, INC., PLAINTIFF-RESPONDENT, v. ONEIDA INDIAN NATION, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

WILLIAMS & CONNOLLY LLP, WASHINGTON, D.C. (DENNIS M. BLACK, OF THE WASHINGTON, D.C. AND MARYLAND BARS, ADMITTED PRO HAC VICE, OF COUNSEL), AND MACKENZIE HUGHES LLP, SYRACUSE, FOR DEFENDANT-APPELLANT.

HANCOCK & ESTABROOK, LLP, SYRACUSE (JOHN G. POWERS OF COUNSEL), THELEN REID BROWN RAYSMAN & STEINER, LLP, WASHINGTON, D.C., FOR PLAINTIFF-RESPONDENT.

PRESENT: HURLBUTT, J.P., LUNN, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages resulting from the alleged breach by defendant, the owner of the Turning Stone Casino & Resort, of its construction contract with plaintiff. Defendant moved to dismiss the complaint on, inter alia, the grounds that Supreme Court "lack[ed] . . . subject...

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