Staviski v. Christa Construction, Inc.

Appeal from an order of the Supreme Court (O’Shea, J.), entered June 25, 2013 in Chemung County, which, among other things, denied a cross motion by defendant Christa Construction, Inc. for summary judgment on its counterclaim.

As set forth in our prior decision (83 AD3d 1235 [2011]), plaintiff commenced this action to recover damages for breach of two separate contracts with defendant Christa Construction, Inc. (hereinafter defendant), the general contractor on a project to construct an assisted living facility. Plaintiff and defendant executed a subcontract wherein plaintiff agreed to…