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Dworkin Constr. Corp. v. Til-Mar Design

Subcontractor's Counterclaims Time-Barred, Dismissed in Contract Breach Action

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*1 This is an action for breach of a subcontract relating to the construction of a restaurant. Plaintiff seeks damages based upon defendant’s alleged refusal to perform certain aspects of the subcontract. Defendant counterclaims for plaintiff’s alleged failure to pay under the subcontract. Plaintiff now moves, pursuant to CPLR 3211(a)(1), (a)(5) and (a)(7), to dismiss defendant’s counterclaim. Plaintiff also moves, pursuant to CPLR 3212, for summary judgment in its favor as to liability upon its claim against defendant.BACKGROUNDPlaintiff and defendant entered into an agreement denominated a “Subcontract,” dated July 15, 2015, wherein defendant agreed to serve as a subcontractor for the construction of “Panda Express No.2499-3570 Horizon Blvd., Feasterville, Trevose, PA 19053.” The scope of defendant’s work was to include “all floor and wall tile work, using UNION labor, in

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