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Becky Drywall Corp. v. Hudson Meridian Construction Group

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 17, 2009

BECKY DRYWALL CORP., PLAINTIFF-RESPONDENT,
v.
HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered July 14, 2008, which denied defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Nardelli, Catterson, DeGrasse, JJ.

600514/08

The explicit language of the contract between the parties precludes any recovery by plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090317

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