Becky Drywall Corp. v Hudson Meridian Constr. Group, LLC
2009 NY Slip Op 01875 [60 AD3d 514]
March 17, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


Becky Drywall Corp., Respondent,
v
Hudson Meridian Construction Group, LLC, Appellant.

—[*1] Bauman Katz & Grill LLP, New York (Jonah C. Grill of counsel), for 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.

The explicit language of the contract between the parties precludes any recovery by plaintiff. Concur—Friedman, J.P., Nardelli, Catterson and DeGrasse, JJ.