ENVTL. SAFETY & CONTROL CORP. v. BD. OF EDUC. OF CAMDEN CENT. SCH. DIST.


179 A.D.2d 1012 (1992)

Environmental Safety and Control Corporation, Appellant, v. Board of Education of Camden Central School District, Respondent and Third-Party Plaintiff-Respondent. RJD, Architect P. C., Third-Party Defendant-Respondent. (Appeal No. 1.)

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

January 31, 1992


Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for partial summary judgment on its claim for progress payments. It is undisputed that the architects certified that the work had been completed and payment was due pursuant to article 6 of the contract. Receipt of the architects' final certificate does not foreclose the defendant, however, from...

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