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BREEZE NATIONAL, INC. v. CATI, INC.

292 A.D.2d 272 (2002)

738 N.Y.S.2d 851

BREEZE NATIONAL, INC., Appellant, v. CATI, INC., Defendant, and AXA GLOBAL RISKS U.S. INSURANCE COMPANY, Respondent.

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

Decided March 21, 2002.

Plaintiff failed to establish its entitlement to judgment as a matter of law for the balance allegedly owed it under the subcontract (see, Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). There are, moreover, factual issues raised not only as to the adequacy of plaintiff's performance of the contract work but, in addition, as to whether plaintiff, in seeking compensation for contract...

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