L.A. Wenger Contracting Co. v. Kreisler Borg Florman General Construction Co.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 1, 2006, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, with costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant was the contractor and construction manager pursuant to a 1999 contract with the City Department of Design and Construction (DDC) for the construction of a building to be used by the City Administration for Children’s Services. Plaintiff was the general construction subcontractor.

Defendant’s…