Ambassador Construction Co. v. J.A.B. Madison Associates

Appellate Division of the Supreme Court of New York

Ambassador Construction Co. v. J.A.B. Madison Associates

297 A.D.2d 617, 747 N.Y.2d 367, 747 N.Y.S.2d 367, 2002 N.Y. App. Div. LEXIS 8818

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 26, 2002

StatusPublished

This text of 297 A.D.2d 617 (Ambassador Construction Co. v. J.A.B. Madison Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ambassador Construction Co. v. J.A.B. Madison Associates, 297 A.D.2d 617, 747 N.Y.2d 367, 747 N.Y.S.2d 367, 2002 N.Y. App. Div. LEXIS 8818 (N.Y. Ct. App. 2002).

Pincite

Opinion

Issues of fact remain as to whether work that defendant DeSola Group (DeSola) claims plaintiff did not do was required under the contract and whether other work was done in accordance with the contract. We reject plaintiffs argument that DeSola’s interrogatory answer attaching a $20,050 estimate from its contractor for “certain of the unfinished work at issue in this litigation” constitutes an admission that plaintiffs alleged nonperformance and/or improper performance will cost DeSola no more than $20,050 and that at least $6,451.45 is due. We have considered plaintiffs other arguments and find them unavailing. Concur — Nardelli, J.P., Saxe, Ellerin, Rubin and Friedman, JJ.

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Issues of fact remain as to whether work that defendant DeSola Group (DeSola) claims plaintiff did not do was required under the contract and whether other work was done in accordance with the contract. We reject plaintiffs argument that DeSola’s interrogatory answer attaching a $20,050 estimate from its contractor for “certain of the unfinished work at issue in this litigation” constitutes an admission that plaintiffs alleged nonperformance and/or improper performance will cost DeSola no more than $20,050 and that at least $6,451.45 is due. We have considered plaintiffs other arguments and find them unavailing. Concur — Nardelli, J.P., Saxe, Ellerin, Rubin and Friedman, JJ.

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Bluebook (online)

297 A.D.2d 617, 747 N.Y.2d 367, 747 N.Y.S.2d 367, 2002 N.Y. App. Div. LEXIS 8818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ambassador-construction-co-v-jab-madison-associates-nyappdiv-2002.