KEC Corp. v. New York State Environmental Facilities Corp.

The defendant Burns Brothers Contractors, Inc. has moved to dismiss plaintiff’s third cause of action on the ground that plaintiff lacks capacity to sue and upon the further ground that the complaint fails to state a cause of action. The plaintiff has cross-moved for partial summary judgment against the defendant New York State Environmental Facilities Corporation (EFC) on its first cause of action.

Plaintiff’s first cause of action is to recover the sum of $24,632.41, the amount due and owing plaintiff pursuant to Contract No. 2 on Project No. 141-CD-2. It appears from the papers before the…