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 plaintiffs alleged abandonment of the project.
[Prior Case History: 2009 NY Slip Op 30180(U).]