NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 18, 2010
ALVIN ISACOWITZ DOING BUSINESS AS EXCELLENCE IN PLUMBING, PLAINTIFF-APPELLANT,
HALPERN CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS,
SAVOY LITTLE NECK ASSOCIATES LIMITED PARTNERSHIP, ETC., ET AL., DEFENDANTS.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 29, 2009, which denied plaintiff's motion for summary judgment on its claims for payment against defendants Halpern Construction, Inc. and General Accident Insurance Company of America and dismissing said defendants' counterclaims and affirmative defenses, unanimously affirmed, without costs.
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.
Tom, J.P., McGuire, Acosta, Freedman, JJ.
Summary judgment is precluded by triable issues of fact including whether plaintiff breached its contracts with the construction manager by failing to pay its material suppliers; whether plaintiff failed to perform its contracts in accordance with their time-of-the essence provisions; whether the construction manager properly terminated plaintiff for untimely performance; and whether the construction manager's noncompliance with the agreements' three-day notice to cure requirement was excusable on the ground of plaintiff's alleged abandonment of the project.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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