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CASLER MASONRY, INC. v. BARR & BARR, INC.

12857, 602431/08.

118 A.D.3d 609 (2014)

988 N.Y.S.2d 614

2014 NY Slip Op 4698

CASLER MASONRY, INC., Respondent, v. BARR & BARR, INC., Defendant/Third-Party Plaintiff-Appellant-Respondent. LIBERTY MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent-Appellant.

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

Decided June 24, 2014.

The motion court correctly found that change order 2 is ambiguous, since the notation on the first page that the "Total Not-to-Exceed Cost" is $622,323 and the statement on the second page that "[t]he Contract Value will be changed by this Subcontract Change Order in the amount of $622,323" appear to contradict each other, and that therefore the meaning of the change order cannot be determined as a matter of law (see Greenfield v Philles Records, 98...

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