Anthony Demarco & Sons Nursery, LLC v. Maxim Construction Service Corp.

Appeal from an order of the Supreme Court (Guy, J.), entered August 6, 2014 in Broome County, which, among other things, partially granted plaintiffs motion for summary judgment.

The underlying action concerns a construction project at the State University of New York at Binghamton — a property located in the Town of Vestal, Broome County and owned by defendant Dormitory Authority of the State of New York. LeChase Construction Services, LLC was the general contractor for the project and defendant Maxim Construction Service Corporation was the site contractor. Insofar as is relevant here, Maxim…