Legal Opinion

C & M 345 North Main Street, LLC v. Nikko Construction Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2012Published

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Rockland County (Weiner, J.), dated April 11, 2011, which granted the separate motions of the defendants Nikko Construction Corp. and SDM Construction II, LLC, pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against each of them, and dismissed the complaint in its entirety.

Ordered that the order and judgment is reversed, on the law, with costs, the separate motions of the defendants Nikko Construction Corp. and SDM…

2Cases cited5 opinions

  1. TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
  2. ALLIED BLDG. INSPECTORS INT'L UNION OF OPERATING ENG'RS, LOCAL UNION NO. 211, AFL-CIO v. Office of Labor Relations of the City of New YorkNew York Court of Appeals · 1978
  3. Carbon Capital Management, LLC v. American Express Co.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Nachman v. Jenelo Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Curran v. Estate of CurranAppellate Division of the Supreme Court of the State of New York · 2011

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