ANGELO CAPOBIANCO, INC. v. BRENTWOOD UNION FREE SCHOOL DISTRICT


53 A.D.3d 634 (2008)

862 N.Y.S.2d 561

ANGELO CAPOBIANCO, INC., Respondent-Appellant, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, Appellant-Respondent.

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

Decided July 29, 2008.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In November 2001, the plaintiff entered into a written contract with the defendant to perform construction work at certain of the defendant's middle schools. On August 8, 2002, the defendant issued a proposal request to the plaintiff, inter alia, directing it to delete specified reroofing work and to submit a proposal for changes affording it a credit in...

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