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James H. Merritt Plumbing v. City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Jul 31, 1986
121 A.D.2d 990 (N.Y. App. Div. 1986)

Opinion

July 31, 1986

Appeal from the Supreme Court, New York County (Leonard N. Cohen, J.).


In this action for damages arising out of plaintiff's performance of a construction contract with defendant City of New York, plaintiff was awarded summary judgment on its first cause of action for the "contract balance" of $3,000 with interest from October 26, 1977, based on the erroneous assumption that "defendant does not dispute [that] this sum is due". Defendant's papers in opposition pointed out that plaintiff failed to file a requisition for payment of the final balance and final verified statement of claims, which, pursuant to the terms of the contract, is a condition precedent for final payment. As such, it was error to grant plaintiff summary judgment on this claim.

We have examined the other points raised on this appeal and cross appeal and find them without merit.

Concur — Sandler, J.P., Asch, Kassal, Rosenberger and Ellerin, JJ.


Summaries of

James H. Merritt Plumbing v. City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Jul 31, 1986
121 A.D.2d 990 (N.Y. App. Div. 1986)
Case details for

James H. Merritt Plumbing v. City of N.Y

Case Details

Full title:JAMES H. MERRITT PLUMBING CORP., Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Jul 31, 1986

Citations

121 A.D.2d 990 (N.Y. App. Div. 1986)

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