GMS Batching, Inc. v. TADCO Construction Corp.
990 N.Y.S.2d 843
N.Y. App. Div.
2014
Check Treatment

GMS BATCHING, INC., Respondent, v TADCO CONSTRUCTION CORPORATION et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department

2014

120 AD3d 549 | 992 NYS2d 264

In an action, inter alia, to recover damages for breach of contract, the defendants TADCO Construction Corporation and Frank DeMartino appeal from a judgment of the Supreme Court, Queens County (Kitzes, J.), entered June 13, 2012, which, upon a decision of the same court dated February 28, 2012, made after a nonjury trial, is in favor of the plaintiff and against them in the sum of $231,982.

Ordered that the judgment is modified, on the law, by deleting the award in favor of the plaintiff and against the defendant Frank DeMartino, and substituting therefor a provision dismissing the complaint insofar as asserted against that defendant; as so modified, the judgment is affirmed, without costs or disbursements.

On September 20, 2005, the plaintiff, GMS Batching, Inc.,