Erdman, Anthony & Associates, Inc. v. Design Collaborative, Inc.

Order insofar as appealed from unanimously reversed on the law without costs and cross motion granted. Memorandum: In June 1995 plaintiff, Erdman, Anthony & Associates, Inc. (EAA), an engineering firm, commenced this action seeking sums allegedly due and owing from defendant, Design Collaborative, Inc. (Design), for work performed on eight different construction projects. The action was commenced in Monroe County, EAA’s principal place of business. Design’s answer asserted defenses and counterclaims based upon EAA’s failure to perform its contractual obligations.

In October 1995 Design…