Franco Belli Plumbing & Heating & Sons, Inc. v. Imperial Development & Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*635In an action, inter alia, to recover damages for breach of contract, the defendant New York City School Construction Authority appeals from an order of the Supreme Court, Queens County (Schulman, J.), dated May 30, 2006, which denied its motion pursuant to CPLR 5015 (a) (1) to vacate a prior order and judgment (one paper) of the same court (LeVine, J.), dated November 22, 2005, granting the plaintiffs motion to preclude it from offering any evidence at trial as to setoffs or back charges against its contract with the defendant Imperial Development & Construction Corp. and, in effect, for a…
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