Voo Doo Contracting Corp. v. L & J Plumbing & Heating Co.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 18, 1998, which granted plaintiffs motion for summary judgment, and directed defendant to return to plaintiff all sums previously paid, unanimously reversed, on the law, without costs, the motion denied, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

Plaintiff, Voo Doo Contracting Corp., a general contractor, hired defendant, L & J Plumbing & Heating Co., Inc., to supply labor and materials for certain plumbing work in connection with the…