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NEVCO CONTR. INC. v. R.P. BRENNAN GEN. CONTRS. & BLDRS., INC.

1164, 152934/15.

139 A.D.3d 515 (2016)

33 N.Y.S.3d 166

2016 NY Slip Op 03832

NEVCO CONTRACTING INC., Appellant, v. R.P. BRENNAN GENERAL CONTRACTORS & BUILDERS, INC., Also Known as BRENNAN OPERATING, INC., Doing Business as BRENNAN GENERAL CONTRACTORS, Respondent. (And a Third-Party Action.)

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

Decided May 17, 2016.

Plaintiff subcontractor made a prima facie showing of the existence of the parties' agreement, its performance thereunder, and defendant general contractor's failure to perform, resulting in harm to plaintiff (see Harris v Seward Park Hous. Corp., 79 A.D.3d 425, 426 [1st Dept 2010]). Plaintiff established the amount due from defendant by submitting an email exchange between the parties, reflecting their agreement on the amount due...

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