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V.C. Vitanza Sons, Inc. v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
May 18, 2004
7 A.D.3d 398 (N.Y. App. Div. 2004)

Opinion

3666.

Decided May 18, 2004.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about October 2, 2003, which denied plaintiff's motion and "cross motion" for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Fox, Charles Kowalewski, LLP, Clifton Park (Edward Kowalewski, Jr. of counsel), for appellant.

Ricardo Elias Morales, New York (Stephen W. Goodman of counsel), for respondent.

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


In interpreting a contract, the plain meaning of words and phrases should be determined and the language construed so as to give full meaning and effect to all provisions of the agreement ( American Express Bank v. Uniroyal, 164 A.D.2d 275, 277, lv denied 77 N.Y.2d 807). Here, the plain and unambiguous language of the agreements established that the parties intended a flat fee would be paid for monthly inspections of "buildings" having compactor room sprinklers or standpipes, and not for inspections of the individual systems within each building.

We have considered plaintiff's remaining arguments and find them unavailing.

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


Summaries of

V.C. Vitanza Sons, Inc. v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
May 18, 2004
7 A.D.3d 398 (N.Y. App. Div. 2004)
Case details for

V.C. Vitanza Sons, Inc. v. New York City Housing Authority

Case Details

Full title:V.C. VITANZA SONS, INC., Plaintiff-Appellant, v. NEW YORK CITY HOUSING…

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

Date published: May 18, 2004

Citations

7 A.D.3d 398 (N.Y. App. Div. 2004)
776 N.Y.S.2d 472

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