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

Index No. 400897/11. Appeal No. 939-940. Case Nos. 2023-02148, 2023-03044.

220 A.D.3d 619 (2023)

198 N.Y.S.3d 340

2023 NY Slip Op 05469

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 31, 2023.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, New York (Matthew Higgins of counsel), and Hogan Lovells US LLP, Washington, DC (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—Kern, J.P., Friedman, Kennedy, Pitt-Burke, JJ.

Judgment, Supreme Court, New York County (Andrew Borrok, J.), entered on or about June 9, 2023, in favor of plaintiff and against defendants in the amount of $7,507,164, plus interest, and bringing up for review an order, same court and Justice, entered April 27, 2023, which granted plaintiff's motion to modify a prior judgment, same court and Justice, entered July 16, 2021, and denied defendants' cross-motion to dismiss, unanimously affirmed, without costs. Appeal from aforesaid...

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