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Balport Construction Co. v. New York Telephone Co.

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 360 (N.Y. App. Div. 1985)

Opinion

May 28, 1985

Appeal from the Supreme Court, Westchester County (Isseks, J.).


Order affirmed, with costs.

Plaintiff claims that the terms of the written contract at issue entitle it to receive payment for certain work it performed under the contract. While defendant does not deny that the work was satisfactorily completed, it does contend that the payment for the work performed was included in payment for other work performed. The contract, however, is ambiguous as to whether plaintiff is entitled to separate payment for the work it performed. Accordingly, since there are issues of fact concerning interpretation of the contract, summary judgment may not be granted ( see, Andre v. Pomeroy, 35 N.Y.2d 361). Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.


Summaries of

Balport Construction Co. v. New York Telephone Co.

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 360 (N.Y. App. Div. 1985)
Case details for

Balport Construction Co. v. New York Telephone Co.

Case Details

Full title:BALPORT CONSTRUCTION Co., INC., Appellant, v. NEW YORK TELEPHONE COMPANY…

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

Date published: May 28, 1985

Citations

111 A.D.2d 360 (N.Y. App. Div. 1985)

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