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MATTER OF SCIAME CONSTRUCTION, LLC v. ACCURATE SPECIALTY METAL FABRICATORS, INC.

Index No. 655666/21. Appeal No. 16058. Case No. 2022-00285.

205 A.D.3d 655 (2022)

167 N.Y.S.3d 394

2022 NY Slip Op 03486

In the Matter of Sciame Construction, LLC, Appellant, v. Accurate Specialty Metal Fabricators, Inc., Respondent.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Sheppard, Mullin, Richter & Hampton LLP, New York (Ira M. Schulman of counsel), for appellant.

Goetz Fitzpatrick LLP, New York (Gerard S. Strain of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.

Petitioner contracted with a nonparty property owner to provide construction management services (CMA) on a construction project for the owner. It thereafter acted as the owner's agent and executed, on behalf of the owner, a subcontract with respondent for ornamental metal work on the project. Disputes arose regarding the quality and timeliness of respondent's performance of the metal work. Petitioner, on behalf of the owner, filed...

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