P. J. CARLIN CONSTR. CO. v. WHIFFEN ELEC. CO., INC.


66 A.D.2d 684 (1978)

P. J. Carlin Construction Company, Appellant, v. Whiffen Electric Co., Inc., Respondent

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

December 12, 1978


In this action seeking damages for breach of contract, the affidavit of plaintiff's president and exhibits submitted by plaintiff in opposition to defendant's motion raise a triable issue of fact as to whether an oral agreement was made between plaintiff, general contractor, and defendant, subcontractor, for electrical work to be performed in the construction of Greenwich High School. Plaintiff averred that it substantially reduced its bid for the construction of the high...

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