Welsbach Electric Corp. v. MasTec North America, Inc.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the *640Supreme Court, Queens County (Glover, J.), dated January 6, 2004, as granted that branch of the plaintiffs motion which was to dismiss its fifth and eleventh affirmative defenses.

Ordered that the order is affirmed insofar as appealed from, with costs.

In September 1999 the defendant, an entity incorporated in the State of Florida, entered into a primary contract with Telergy Metro LLC (hereinafter Telergy), a nonparty, to serve as general contractor for a construction…