Syed v. Normel Construction Corp.

Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered December 16, 2002, which, after a nonjury trial, awarded plaintiff $223,379.27 plus interest and costs, *304unanimously modified, on the facts, to the extent of reducing the amount awarded by $25,108.62, and otherwise affirmed, without costs.

The trial court properly concluded that plaintiff subcontractor’s failure to procure insurance was not a material breach of this contract and that plaintiff was wrongly terminated from the construction project. The contract between the parties allowed for defendant general contractor to…