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TADCO CONSTR. CORP. v. DORMITORY AUTH. OF THE STATE OF N.Y.

Index No. 600038/07. Appeal No. 15290-15290A. Case No. 2020-02309. 2020-02675.

202 A.D.3d 559 (2022)

162 N.Y.S.3d 368

2022 NY Slip Op 00990

TADCO Construction Corp., Appellant, v. Dormitory Authority of the State of New York, Respondent.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Bryan Ha, White Plains, for appellant.

Letitia James, Attorney General, New York (Mark S. Grube of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

Plaintiff initially commenced an action in federal court in 2007 to recover amounts it claimed it was owed by defendant in connection with a construction project, and then commenced this action in 2014 after the federal court dismissed its pendent state law claims without prejudice. During that time, plaintiff, which had been dissolved by the New York Secretary of State in 2012 for failure to pay taxes, was also pursuing other actions against defendant arising from other...

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