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SINGER EQUIP. CO., INC. v. CHAPIN SCH., LTD.

Index No. 654732/16. Appeal No. 15682-15682A. Case No. 2020-04402.

204 A.D.3d 452 (2022)

164 N.Y.S.3d 435

2022 NY Slip Op 02351

Singer Equipment Company, Inc., Respondent-Appellant, v. The Chapin School, Ltd., Doing Business as The Chapin School, Respondent, and Director Door Industries, Ltd., Appellant-Respondent, et al., Defendant.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Law Offices of Steven Cohen LLC, Bronx (Wilber Trivino, of counsel) for appellant-respondent.

Reeve Brown PLLC, Rochester (Guy A. Talia, of counsel) for respondent-appellant.

Duane Morris LLP, New York (John S. Wojak, Jr., of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.

The construction manager for the renovation project involved in this action, nonparty Ibex Construction Company, LLC, entered into a letter of intent with Chapin, the owner of the premises, in which Ibex agreed to perform limited construction management services in exchange for payment, portions of which would be paid to Ibex's subcontractors for work they performed. Chapin terminated Ibex after it determined that Ibex had not paid its subcontractors, including Singer and...

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