Triable issues of fact exist which preclude the grant of summary judgment to the plaintiff as to its claim for extra and additional work. Plaintiff failed to demonstrate performance of the extra work, agreement as to the price therefor or the fair and reasonable value of the extras. Furthermore, no purpose would be served by directing an assessment (see Youssoupoff v. Columbia Broadcasting System,
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SPECTOR v. MANSHUL CONSTR. CORP.
46 A.D.2d 745 (1974)
Joseph Spector, Doing Business as Continental Painting Company, Respondent, v. Manshul Construction Corporation, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 7, 1974
November 7, 1974
Appellate Division of the Supreme Court of the State of New York, First Department.
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