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ABRA CONSTRUCTION CORP. v. 112 DUANE ASSOCIATES, LLC

59 A.D.3d 263 (2009)

873 N.Y.S.2d 574

ABRA CONSTRUCTION CORP., Appellant-Respondent, v. 112 DUANE ASSOCIATES, LLC, Respondent-Appellant, et al., Defendant.

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

Decided February 19, 2009.

In this action to foreclose on a mechanic's lien and for breach of a construction contract, the trial court properly rejected plaintiff's completion-percentage method for calculating the value of work plaintiff performed under the contract until it was wrongfully terminated. The percentage-of-completion was not an accurate indicator of plaintiff's alleged damages, since plaintiff failed to establish substantial completion of the contract as a whole (see Beaumont Birch...

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