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D&S RESTORATION v. WENGER CO.

601894-16.

54 Misc.3d 763 (2016)

2016 NY Slip Op 26346

39 N.Y.S.3d 911

D & S RESTORATION, INC., Plaintiff, v. WENGER CONSTRUCTION CO., INC., Defendant.

Supreme Court, Nassau County.

Decided October 27, 2016.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury (Joseph J. Cooke of counsel), for defendant.

Sullivan PC, New York City (Peter R. Sullivan of counsel), for plaintiff.

OPINION OF THE COURT

Defendant moves by notice of motion to dismiss seeking an order, pursuant to CPLR 3211, dismissing the complaint. Plaintiff has opposed the motion.

Now, for reasons more specifically set forth herein, the motion is granted.

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