Legal Opinion

Engineering & Technical Resources, Inc. v. Xcel Development Corp.

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

Decided May 4, 2016No. 2014-02909PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Bartlett, J.), dated January 23, 2014, as, in effect, granted those branches of the defendants’ motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (3) and Business Corporation Law § 1312 (a) and for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, granting those branches of the defendants’ motion which were to…

2Cases cited14 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
  3. Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
  4. Moors v. HallAppellate Division of the Supreme Court of the State of New York · 1988
  5. Alicanto, S. A. v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by5 opinions

  1. Malta Properties 1, LLC v. Town of MaltaAppellate Division of the Supreme Court of the State of New York · 2016
  2. Forethought Life Ins. Co. v. 1442, LLCAppellate Division of the Supreme Court of the State of New York · 2025
  3. Guangzhou Sanhua Plastic Co., Ltd. v. Fine Line Prods. Corp.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Malta Properties 1, LLC v. Town of MaltaAppellate Division of the Supreme Court of the State of New York · 2016
  5. S.J. Fuel Co., Inc. v. Dorann Resources, Ltd.Appellate Division of the Supreme Court of the State of New York · 2018

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