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ENTECH ENG'G, P.C. v. DEWBERRY ENGRS. INC.

Index No. 653172/15. Appeal Nos. 15711-15712-M-3765. Case Nos. 2020-00023, 2020-00024, 2020-00046.

204 A.D.3d 467 (2022)

167 N.Y.S.3d 55

2022 NY Slip Op 02360

Entech Engineering, P.C., Appellant, v. Dewberry Engineers Inc. et al., Respondents.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

Nicoletti Spinner Ryan Gulino Pinter, New York (Matthew G. Corcoran, of counsel) for appellant.

Tesser & Cohen, New York (Steven Cohen, of counsel) for Dewberry Engineers Inc., respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.

In July 2013, defendant Dewberry Engineers, Inc. contracted with the New York City Economic Development Corporations' Build-It-Back Hurricane Sandy Program to inspect some 10,000 New York City homes for structural, asbestos, and lead paint issues; Dewberry retained plaintiff as subcontractor to perform 2,000 preconstruction lead paint inspections of single-family residences. As relevant here, the City's payment to Dewberry for plaintiff's services was a "condition precedent...

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