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INTERNATIONAL ASBESTOS REMOVAL, INC. v. BEYS SPECIALTY, INC.

2800, 652494/12.

146 A.D.3d 609 (2017)

2017 NY Slip Op 00405

44 N.Y.S.3d 757

INTERNATIONAL ASBESTOS REMOVAL, INC., Respondent, v. BEYS SPECIALTY, INC., et al., Appellants.

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

Decided January 19, 2017.

Ambiguities in the prime contract, which was incorporated into the subcontract, present issues of fact whether plaintiff subcontractor's installation of additional asbestos decontamination units constituted "extra work," thereby triggering contractual notice provisions as a prerequisite to payment for such work (see Discovision Assoc. v Fuji Photo Film Co., Ltd., 71 A.D.3d 488 [1st Dept 2010]). The record also presents issues of...

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