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FIVE STAR ELEC. CORP. v. SKANSKA USA BLDG., INC.

2022-00562. Index No. 705499/20.

221 A.D.3d 656 (2023)

197 N.Y.S.3d 595

2023 NY Slip Op 05588

Five Star Electric Corp., Appellant, v. Skanska USA Building, Inc., et al., Respondents.

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

Decided November 8, 2023.

Attorney(s) appearing for the Case

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

Peckar & Abramson, P.C., New York, NY (Alan Winkler of counsel), for respondents.

Barros, J.P., Chambers, Warhit and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Leonard Livote, J.), entered January 19, 2022. The order, insofar as appealed from, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(5) to dismiss the cause of action alleging breach of contract.

Ordered that the order is reversed insofar as appealed...

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