Balport Construction Co. v. New York Telephone Co.

Appellate Division of the Supreme Court of New York

Balport Construction Co. v. New York Telephone Co.

111 A.D.2d 360, 489 N.Y.S.2d 353, 1985 N.Y. App. Div. LEXIS 51459

Appellate Division of the Supreme Court of the State of New York·Decided May 28, 1985·Published·Cited by 2 cases

Opinion

In an action to recover the balance due under a written contract, plaintiff appeals from an order of the Supreme Court, Westchester County (Isseks, J.), dated February 6, 1984, which denied its motion for summary judgment.

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 NY2d 361). Weinstein, J. P., Rubin, Lawrence and Kunzeman, JJ., concur.

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In an action to recover the balance due under a written contract, plaintiff appeals from an order of the Supreme Court, Westchester County (Isseks, J.), dated February 6, 1984, which denied its motion for summary judgment.

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 NY2d 361). Weinstein, J. P., Rubin, Lawrence and Kunzeman, JJ., concur.

Balport Construction Co. v. New York Telephone Co., 111 A.D.2d 360, 489 N.Y.S.2d 353, 1985 N.Y. App. Div. LEXIS 51459 (N.Y. Ct. App. 1985).

Pincite

111 A.D.2d 360 (Balport Construction Co. v. New York Telephone Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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