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

2007-03678.

2008 NY Slip Op 06435

ANGELO CAPOBIANCO, INC., respondent-appellant, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, appellant-respondent.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Ingerman Smith, LLP, Hauppauge, N.Y. (Antonia L. Hamblin and Joseph E. Madsen of counsel), for appellant-respondent.

Agovino & Asselta, LLP, Mineola, N.Y. (Mark I. Zelko of counsel), for respondent-appellant.

Before: ROBERT A. LIFSON, J.P., DAVID S. RITTER, MARK C. DILLON, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

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 re-roofing work and to submit a proposal for...

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