SJS Constr. Co., Inc. v. Darius Masonry, Inc.

Appeal from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated December 7, 2016. The order, insofar as appealed from, denied the defendant’s cross motion, inter alia, for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The parties executed a “Standard Form of Agreement Between Contractor and Subcontractor” (hereinafter the subcontract) requiring the defendant to perform certain masonry work on a construction project in Huntington. There is no dispute that the defendant never performed any services…