GESSIN ELECTRICAL CONTRACTORS, INC. v. 95 WALL ASSOCIATES, LLC

2240, 104784/09.

74 A.D.3d 516 (2010)

903 N.Y.S.2d 26

GESSIN ELECTRICAL CONTRACTORS, INC., Respondent, v. 95 WALL ASSOCIATES, LLC, Appellant, et al., Defendants.

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

Decided June 10, 2010.


This action involves a claim for approximately $1.7 million in change orders that plaintiff, a contractor on a construction project, submitted to 95 Wall, the premises owner.

At a September 2008 meeting, attended by 95 Wall's chief financial officer, Joseph Moinian, and plaintiff's principals, David Wasserman and Cory Gessin, the parties, without counsel, agreed to resolve the dispute by having 95 Wall pay plaintiff $500,000. However, 95 Wall did not realize that...

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