BAN DO CONSTRUCTION, INC. v. CONNOLLY

1122, 1123, 1123A, 601918/06

66 A.D.3d 428 (2009)

886 N.Y.S.2d 395

2009 NY Slip Op 7161

BAN DO CONSTRUCTION, INC., Respondent, v. SEAN CONNOLLY et al., Defendants, and GRACE UNDER FIRE, LLC, Appellant.

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

Decided October 6, 2009.


Plaintiff sued for the balance due upon its substantial completion of contracted work performed for defendant owners. Summary judgment for the corporate defendant was properly denied because of the triable issue of fact as to why the architect had refused to issue a certificate of substantial compliance. This certification was a condition precedent for completion of the job. Failure to produce the architect as a defense witness, either on the motion for summary judgment or...

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