Clifford R. Gray, Inc. v. LeChase Construction Services, LLC

31 A.D.3d 983, 819 N.Y.S.2d 182
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 20, 2006
StatusPublished
Cited by68 cases

This text of 31 A.D.3d 983 (Clifford R. Gray, Inc. v. LeChase Construction Services, LLC) 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
Clifford R. Gray, Inc. v. LeChase Construction Services, LLC, 31 A.D.3d 983, 819 N.Y.S.2d 182 (N.Y. Ct. App. 2006).

Opinion

Spain, J.

Cross appeals (1) from an order of the Supreme Court (Kramer, J.), entered October 24, 2005 in Schenectady County which, inter alia, partially denied defendants’ motion to compel disclosure, and (2) from an order of said court, entered January 26, 2006 in Schenectady County, which, inter alia, denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff is an electrical and communications contractor that has provided services to the Knolls Atomic Power Laboratory (hereinafter KAPL) for more than 40 years. Defendants are affiliated business entities from the City of Rochester, Monroe County, that were seeking to win a contract for the design and [984]*984construction of a building in the Town of Niskayuna, Schenectady County (hereinafter the project). After attending a meeting about the project, defendants learned of plaintiffs relationship with KAPL and the parties began to discuss plaintiffs potential involvement in the project. Plaintiff alleges that in September 2001, the parties reached an agreement, which plaintiff denominates an “exclusivity agreement.” Pursuant thereto, plaintiff agreed to the following three conditions: (1) to refrain from participating with any other general contractors who were seeking the KAPL contract; (2) to refrain from sharing with any third party any documentation or drawings provided by defendants to plaintiff in connection with defendants’ proposal; and (3) if defendants were not awarded the project, plaintiff would not deal in any manner with the successful contractor. Plaintiff alleges that in exchange for its agreement to these conditions, defendants promised to use plaintiff as the exclusive subcontractor for all electrical and teledata work if defendants were awarded the prime contract. The exclusivity agreement was never reduced to writing, nor did the parties execute a subcontract. Although plaintiff asserts that they agreed upon a contract form, it concedes that the parties never fully agreed on the details of a subcontract and agreed only that the outstanding details of the subcontract would be discussed if defendants were ultimately awarded the KAPL contract.

Plaintiffs estimators traveled from Schenectady County to Rochester to meet with defendants’ design team in September 2001. During and subsequent to this meeting, information about the project and KAPL flowed mutually between the parties. Over the next few months, plaintiff submitted various bid proposals to defendants, who were ultimately awarded the contract. Notwithstanding the parties’ alleged oral agreement to use plaintiff as the exclusive subcontractor for the electrical and teledata portions of the contract, defendants put those aspects of the contract out to competitive bidding, and plaintiff was not awarded the subcontract that it claims was due under the exclusivity agreement. Plaintiff thereafter commenced this action, seeking damages for lost profits and other revenues it would have earned if it had been given the subcontract. Defendants moved for summary judgment dismissing the complaint and plaintiff cross-moved for summary judgment on liability. Following oral argument, Supreme Court denied both [985]*985motions. Defendants and plaintiff cross appeal from that order

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Cite This Page — Counsel Stack

Bluebook (online)
31 A.D.3d 983, 819 N.Y.S.2d 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifford-r-gray-inc-v-lechase-construction-services-llc-nyappdiv-2006.