57th Street East Corp. v. A. Best Corp.

Order, Supreme Court, New York County (Stuart Cohen, J.), entered June 19, 1995, which granted plaintiff's motion for summary judgment on the issue of liability, and order, same court and Justice, entered on or about November 15, 1995, which, inter alia, denied defendant’s motion for renewal, unanimously affirmed, without cost.

The affidavit of plaintiffs expert detailing the defects in defendant’s work was sufficient to demonstrate plaintiff s prima facie entitlement to judgment on its breach of contract claim, inasmuch as the expert had knowledge of the prior condition of the building based…