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DFAWEAST, LLC v. FRIEDLAND PROPS. INC.

Index No. 652224/18. Appeal No. 16323-16323A. Case No. 2021-03826.

211 A.D.3d 462 (2022)

181 N.Y.S.3d 11

2022 NY Slip Op 06992

DFAWEAST, LLC, Appellant-Respondent, v. Friedland Properties Inc. et al., Respondents-Appellants.

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

Decided December 8, 2022.

Attorney(s) appearing for the Case

Rivkin Radler LLP, New York (Jeremy B. Honig of counsel), for appellant-respondent.

Hannum Feretic Prendergast & Merlino, LLC, New York (Michael J. Caulfield of counsel), for Friedland Properties Inc., 706 Madison, LLC and JRM Construction Management, LLC, respondents-appellants.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York (Peter S. Read of counsel), for United Drilling & Cutting Corp., Inc., respondent-appellant.

Law Office of Eric Feldman, New York (Evy L. Kazansky of counsel), for Scalpel Construction Inc., respondent-appellant.

Concur—Gische, J.P., Friedman, Scarpulla, Rodriguez, Higgitt, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered on or about October 5, 2021, which granted plaintiff's motion for partial summary judgment on the issue of liability on its strict liability claim and denied its motion for partial summary judgment on its breach of contract claim, unanimously modified, on the law, to deny that branch of plaintiff's motion seeking partial summary judgment on its strict liability claim as against defendant United Drilling &...

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