KAPILOW CONSTR. CORP. v. PRINCE


52 A.D.2d 620 (1976)

Kapilow Construction Corp., Respondent-Appellant, v. Arthur R. Prince, Defendant and Third-Party Plaintiff-Appellant. Goldstein Affiliates, Inc., Third-Party Defendant-Respondent

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

April 19, 1976


Judgment affirmed, without costs or disbursements.

In our view there was no ambiguity in the contract; the trial court properly took from the jury the question as to the amount plaintiff was entitled to receive for work which it performed under the contract. We further conclude that the third-party complaint should have been dismissed as a matter of law as there was a complete failure of proof that Mr. Lettiere had actual or apparent authority to write a letter binding...

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