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Famous Formaggio Pizzeria v. Procida Constr. Corp.

Fact Issues Bar Plaintiff's Motion for Summary Judgment on Defendant's Liability

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The following papers numbered 1 to 6 read on the below motion noticed on September 13, 2017 and duly submitted on the Part IA15 Motion calendar of September 13, 2017:Papers Submitted               NumberedPI.’s Notice of Motion, Exhibits          1,2Procida’s Cross-Motion., Exhibits       3,4Pl.’s Opp. To Cross-Motion, Reply, Exhibits       5,6DECISION / ORDER

*1  Upon the foregoing papers, the plaintiff Famous Formaggio Pizzeria, LLC. (“Plaintiff”) moves for an order (1) granting it summary judgment pursuant to CPLR 3212; (2) awarding damages in an amount to be determined; and (3) such other and further relief as this Court deems just and proper. The defendant Procida Construction Corp. (“Procida”) opposes the motion and cross-moves for an order granting it summary judgment, and such other and further relief as this Court deems just and proper. Plaintiff opposes the cross-motion.I. BackgroundThis matter arises out of a construction project located at 322 West 231st Street in the Bronx, New York (hereinafter referred to as “322″). Plaintiff is the proprietor of a restaurant located at 300-318 West 231st Street (“318″) a building that neighbors 322. At relevant times, Procida was allegedly the general contractor for the construction work at 322. Plaintiff alleges that during the course of the construction work, Procida or one of its subcontractors undertook excavation and pile driving activities that caused damage to 318. Plaintiff now moves for summary judgment on the issue of Procida’s liability.

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