BALPORT CONSTR. CO., INC. v. NEW YORK TEL. CO.


111 A.D.2d 360 (1985)

Balport Construction Co., Inc., Appellant, v. New York Telephone Company, Respondent

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

May 28, 1985


Order affirmed, with costs.

Plaintiff claims that the terms of the written contract at issue entitle it to receive payment for certain work it performed under the contract. While defendant does not deny that the work was satisfactorily completed, it does contend that the payment for the work performed was included in payment for other work performed. The contract, however, is ambiguous as to whether plaintiff is entitled to separate payment for the work it performed...

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