FIVE STAR ELEC. CORP. v. SILVERITE CONSTR. CO., INC.

Index No. 652495/20. Appeal No. 810. Case No. 2022-04840.

220 A.D.3d 508 (2023)

198 N.Y.S.3d 304

2023 NY Slip Op 05224

Five Star Electric Corp., Appellant, v. Silverite Construction Company, Inc., et al., Respondents.

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

Decided October 17, 2023.


Attorney(s) appearing for the Case

Arthur J. Semetis, P.C., New York (Michael J. McDermott of counsel), for appellant.

Cohen Seglias Pallas Greenhill & Furman PC, New York (Craig H. Parker of counsel), for respondents.

Concur—Webber, J.P., Oing, Gesmer, Rodriguez, Rosado, JJ.


Order, Supreme Court, New York County (Robert R. Reed, J.), entered September 23, 2022, which granted defendants' motion to dismiss the complaint to the extent of dismissing all claims except the portion of the breach of contract claim relating to funds that Silverite recovered from nonparty New York City School Construction Authority (SCA) on plaintiff's behalf, unanimously affirmed, with costs.

The court correctly determined that plaintiff's breach of contract claim...

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