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SUMMIT DEV. CORP. v. INTERSTATE MASONRY CORP.

2014-08909, Index No. 700293/11.

140 A.D.3d 1152 (2016)

35 N.Y.S.3d 207

2016 NY Slip Op 05141

SUMMIT DEVELOPMENT CORP., Doing Business as SUMMIT WATERPROOFING & RESTORATION CO., Respondent, v. INTERSTATE MASONRY CORP. et al., Appellants, et al., Defendant.

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

Decided June 29, 2016.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability on the first and second causes of action is denied.

The plaintiff, a subcontractor on a construction project, entered into a contract with the defendant Interstate Masonry Corp. (hereafter Interstate), whereby Interstate agreed to perform certain masonry work on the project. The contract...

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