WELLBILT EQUIPMENT CORP. v. RED EYE GRILL, L.P.


308 A.D.2d 411 (2003)

765 N.Y.S.2d 490

WELLBILT EQUIPMENT CORP., Respondent, v. RED EYE GRILL, L.P., Appellant.

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

Decided September 30, 2003.


Based upon defendant's admission, in its answer, that it owed at least $406,000 to plaintiff under the contract, Supreme Court (Carol Huff, J.) granted judgment in that amount, but stayed entry pending the resolution of disputed factual issues. Thereafter, at a nonjury trial, the court (Edward Lehner, J.) decided that no contract had been made and directed a reference to determine the value of plaintiff's construction services. The court then granted plaintiff's motion to...

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