Legal Opinion

GMS Batching, Inc. v. TADCO Construction Corp.

Appellate Division of the Supreme Court of the State of New York

Decided August 13, 2014No. 2012-07413PublishedCited by 1 opinion

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendants TADCO Construction Corporation and Frank DeMartino appeal from a judgment of the Supreme Court, Queens County (Kitzes, J.), entered June 13, 2012, which, upon a decision of the same court dated February 28, 2012, made after a nonjury trial, is in favor of the plaintiff and against them in the sum of $231,982.

Ordered that the judgment is modified, on the law, by deleting the award in favor of the plaintiff and against the defendant Frank DeMartino, and substituting therefor a provision dismissing the complaint…

2Cases cited16 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Salzman Sign Co. v. BeckNew York Court of Appeals · 1961
  3. Savoy Record Co. v. Cardinal Export Corp.New York Court of Appeals · 1964
  4. Star Video Entertainment, L.P. v. J & I Video Distributing, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Zegarowicz v. RipattiAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by1 opinion

  1. GMS Batching, Inc. v. TADCO Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2014

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