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MASON ESC, LLC v. MICHAEL ANTHONY CONTR. CORP.

2018-00089, Index No. 706834/17.

172 A.D.3d 1195 (2019)

98 N.Y.S.3d 868

2019 NY Slip Op 03962

Mason ESC, LLC, Doing Business as Mason Eye Surgery Center, Appellant, v. Michael Anthony Contracting Corp. et al., Respondents.

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

Decided May 22, 2019.

Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (4) to dismiss the complaint is denied.

In May 2017, the plaintiff commenced this action against the defendants Michael Anthony Contracting Corp. (hereinafter MACC) and Michael Perna (hereinafter together the defendants), to recover damages for breach of contract...

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