Champion Window Corp. v. New York City Housing Authority

Full title: CHAMPION WINDOW CORP., PLAINTIFF-RESPONDENT-APPELLANT, v. NEW YORK CITY…

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

Date published: Nov 14, 2002

299 A.D.2d 204 (N.Y. App. Div. 2002)

749 N.Y.S.2d 137

Opinion

2208

November 14, 2002.

Order, Supreme Court, New York County (Harold Tompkins, J.), entered May 23, 2002, which denied the motion of defendant New York City Housing Authority for summary judgment dismissing the complaint, and the cross motion of plaintiff Champion Window Corp. for summary judgment on its first cause of action, unanimously affirmed, without costs.

RICHARD J. FLANAGAN, for plaintiff-respondent-appellant.

STEPHEN W. GOODMAN, for defendant-appellant-respondent.

Before: Williams, P.J., Nardelli, Tom, Lerner, JJ.

Contrary to Champion's averments, the contract at issue clearly provided for the substitution of materials at the Housing Authority's discretion, and an adjustment in price was permitted. Thus, Champion's cross motion was properly denied.

The Housing Authority's motion for summary judgment was also properly denied, since the calculations made by the Housing Authority present factual issues which should be resolved at trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.