A&S STELCO CONSTRUCTION CORP. v. AXA GLOBAL RISKS UNITED STATES INSURANCE COMPANY


24 A.D.3d 216 (2005)

807 N.Y.S.2d 18

A&S STELCO CONSTRUCTION CORP., Appellant, v. AXA GLOBAL RISKS UNITED STATES INSURANCE COMPANY, Formerly Known as COLONIA INSURANCE COMPANY, Respondent.

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

December 13, 2005.


Plaintiff relies solely on its principal's testimony to establish the existence of the oral unit price agreement it alleges it had with the general contractor, as well as the quantity of work it performed on the project as measured by a count of the number of slates it installed on the project's roof. However, plaintiff adduced no evidence that it was ever paid or had ever demanded payment on a unit price basis during the two-year period it worked on the project, and defendant...

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