AMBASSADOR CONSTRUCTION CO., INC. v. J.A.B. MADISON ASSOCIATES


297 A.D.2d 617 (2002)

747 N.Y.S.2d 367

AMBASSADOR CONSTRUCTION CO., INC., Appellant, v. J.A.B. MADISON ASSOCIATES et al., Defendants, and DeSOLA GROUP, INC., et al., Respondents.

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

Decided September 26, 2002.


Issues of fact remain as to whether work that defendant DeSola Group (DeSola) claims plaintiff did not do was required under the contract and whether other work was done in accordance with the contract. We reject plaintiff's argument that DeSola's interrogatory answer attaching a $20,050 estimate from its contractor for "certain of the unfinished work at issue in this litigation" constitutes an admission that plaintiff's alleged nonperformance and/or improper performance...

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