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TRI-MESSINE CONSTRUCTION CO., INC. v. TELESECTOR RESOURCES GROUP, INC.

287 A.D.2d 558 (2001)

731 N.Y.S.2d 648

TRI-MESSINE CONSTRUCTION CO., INC., Appellant, v. TELESECTOR RESOURCES GROUP, INC., et al., Respondents.

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

Decided October 15, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the plaintiff's interpretation of the price schedules attached to the subject contracts does not give a "fair and reasonable meaning" (Heller v Pope, 250 N.Y. 132, 135; see, Albanese v Consolidated Rail Corp., 245 A.D.2d 475, 476) to the disputed words. To adopt the plaintiff's view that the parties agreed to a double-rate pay...

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