X.L.O. Concrete Corp. v. Rivergate Corp.

OPINION OF THE COURT

Ciparick, J.

The question presented in this action for breach of contract, account stated, and unjust enrichment is whether interposition of an antitrust illegality defense under the Donnelly Act (General Business Law § 340 et seq.) prevents enforcement of the contract between these parties as a matter of law. We conclude that material questions of fact exist which preclude granting summary judgment on defendant’s antitrust defense and thus affirm the Appellate Division order which reinstated plaintiff’s complaint.

I

The parties, plaintiff X.L.O. Concrete Corp., as…