Legal Opinion

MMG Group, Inc. v. Planned Management Construction Corp.

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

Decided May 28, 2002PublishedCited by 2 opinions

1Opinion of the Court

—Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered November 28, 2001, after a nonjury trial, which awarded plaintiff damages in the total sum of $15,443.32, unanimously affirmed, with costs.

*285The trial evidence, fairly interpreted, permitted the trial court to conclude that defendant breached its contract with plaintiff, a painting subcontractor. In so doing, defendant frustrated plaintiff’s capacity to complete its contractual obligations. No reason has been set forth by defendant to disturb the trial court’s findings of fact, particularly since they…

2Cases cited3 opinions

  1. 300 East 34th Street Co. v. HabeebAppellate Division of the Supreme Court of the State of New York · 1997
  2. Knoll v. Cape Cod Sea Food Restaurant, Ltd.Appellate Division of the Supreme Court of the State of New York · 1970
  3. Knoll v. CAPE COD SEA FOOD REST., LTD.New York Court of Appeals · 1974

3Cited by2 opinions

  1. United Building Maintenance Associates, Inc. v. 510 Fifth Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2005
  2. Paul F. Vitale, Inc. v. Parker's Grille, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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