LAFAYETTE MGMT. CORP. v. WALDVOGEL BROS., INC.


28 A.D.2d 895 (1967)

Lafayette Management Corp., Appellant, v. Waldvogel Bros., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 10, 1967


As so modified, judgment affirmed, without costs.

In our opinion, the sum of $4,581.89 (comprised of $3,848.35 in charges for extra work performed and $733.54 in escalated labor costs) was improperly included in the award to defendant on its counterclaim for moneys due under the contract. Defendant's vice-president testified that $3,848.35 in charges for extra work were unsupported by written authorizations by the plaintiff as required by the contract. Under the circumstances...

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