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ENGINEERED AIR, DIV. OF THERMAL COMPONENTS, INC. v. LeCESSE BROS. CONTRACTING, INC.

149 A.D.2d 951 (1989)

Engineered Air, Division of Thermal Components, Inc., on Behalf of Itself and All Others Similarly Situated, Appellant, v. LeCesse Brothers Contracting, Inc., Respondent, et al., Defendants

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

April 14, 1989

Order unanimously affirmed with costs.

Memorandum:

Plaintiff's motion for summary judgment was properly denied. The motion papers raise issues of fact concerning the cost to complete and correct the work performed by the subcontractor, the amount of the legal expenses incurred in connection with the filing of mechanics' liens, and whether defendant LeCesse Brothers Contracting, Inc. waived the requirement of a written...

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