ACS System Associates, Inc. v. AMCC Corp.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), dated December 15, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the plaintiffs claim is subject to the dispute resolution procedure set forth in the parties’ subcontract, and that the plaintiff failed to comply with this procedure (see Moretrench Am.…