L.K. COMSTOCK & CO., INC. v. PERINI CORP.

No. 95 Civ. 1117 (DC).

903 F.Supp. 609 (1995)

L.K. COMSTOCK & COMPANY, INC., Plaintiff, v. PERINI CORPORATION, Individually and Perini/O & G II, a Joint Venture, Defendants.

United States District Court, S.D. New York.

November 7, 1995.


Attorney(s) appearing for the Case

Murtagh, Cohen & Byrne by Edward T. Byrne, Garden City, New York, for Plaintiff.

McDonough Marcus Cohn & Tretter, P.C. by K. Richard Marcus, Steven I. Levin, New York City, for Defendants.


MEMORANDUM DECISION

CHIN, District Judge.

In this diversity action, the parties have cross-moved for summary judgment. Plaintiff L.K. Comstock Company, Inc. ("Comstock") argues that the construction contract at issue unambiguously obligates defendants Perini Corporation ("Perini") and Perini/O & G II (the "Joint Venture") to perform certain work. Conversely, defendants claim that the contract plainly delegates the disputed work to Comstock. Because...

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