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FIRST CLASS CONCRETE CORP. v. ROSENBLUM

2016-09344. Index No. 20734/08.

167 A.D.3d 989 (2018)

91 N.Y.S.3d 441

2018 NY Slip Op 08919

First Class Concrete Corp., Respondent, v. Jeffrey M. Rosenblum et al., Appellants.

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

Decided December 26, 2018.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action, inter alia, to recover damages for breach of contract arising out of work the plaintiff contends that it performed at the defendants' request for which it was not paid. The plaintiff alleges that the defendants failed to pay for materials and services it provided in connection with work it performed on the defendants' property. The defendants moved pursuant to CPLR 3211 (a) (7) to...

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