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FIVE STAR ELEC. CORP. v. A.J. PEGNO CONSTR. CO. INC.

Index No. 400897/11. Appeal Nos. 15501-15502. Case Nos. 2021-02404, 2021-02405, 2021-02740.

209 A.D.3d 464 (2022)

175 N.Y.S.3d 63

2022 NY Slip Op 05659

Five Star Electric Corp., Respondent, v. A.J. Pegno Construction Co., Inc./Tully Construction Co., Inc., et al., Appellants.

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

Decided October 11, 2022.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York (Matthew J. Higgins and Jessica L. Ellsworth of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellants.

Duane Morris LLP, New York (Mark A. Canizio of counsel), for respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

Judgment, Supreme Court, New York County (Andrew Borrok, J.), entered July 16, 2021, in plaintiff's favor, and appeal therefrom bringing up for review an order, same court and Justice, entered June 15, 2021, as amended by an order, same court and Justice, entered June 17, 2021, which, after a nonjury trial, awarded plaintiff the amount of $40,336,302.93, unanimously modified, on the law, to vacate the award of $9.8 million in additional labor cost damages, to dismiss the...

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