Mallards Dairy, LLC v. E&M Engineers & Surveyors, P.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered May 12, 2009 in a breach of contract action. The order, inter alia, denied the motion of defendant for summary judgment.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the third and sixth causes of action and as modified the order is affirmed without costs.
Memorandum: Plaintiff and defendant entered into a contract pursuant to which defendant was to “[pjrovide engineering design for a new manure treatment/storage…
2Cases cited9 opinions
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Milau Associates, Inc. v. North Avenue Development Corp.New York Court of Appeals · 1977
- Aegis Productions, Inc. v. Arriflex Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1966
- Associates First Capital v. CrabillAppellate Division of the Supreme Court of the State of New York · 2008
- Foitl v. G.A.F. Corp.New York Court of Appeals · 1985
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3Cited by16 opinions
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- Jones v. Rochdale Village, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- GAGNON, JR., JOSEPH F. v. ST. JOSEPH'S HOSPITALAppellate Division of the Supreme Court of the State of New York · 2011
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