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HARDY PLUMBING, HEATING & AIR CONDITIONING, INC. v. MENU

65 A.D.3d 609 (2009)

884 N.Y.S.2d 464

HARDY PLUMBING, HEATING & AIR CONDITIONING, INC., Plaintiff, v. SUSAN MENU, Defendant/Third-Party Plaintiff-Appellant-Respondent. J. MICHAEL HAIGHT, Doing Business as WATERSEDGE DESIGN CONSTRUCTION MANAGEMENT, et al., Third-Party Defendants-Respondents-Appellants.

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

Decided August 18, 2009.

Ordered that the appeal and cross appeal from the order dated October 27, 2008, and the cross appeal from the order dated October 21, 2008, are dismissed; and it is further,

Ordered that the order dated October 21, 2008, is reversed, on the law, with costs, and the defendant/third-party plaintiff's motion for summary judgment dismissing the third-party defendants' counterclaim to recover damages for breach of contract is granted.

The order dated October 27...

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