DWYER v. CENTRAL PARK STUDIOS, INC.

2248, 115086/06, 590503/07, 590895/07.

144 A.D.3d 552 (2016)

2016 NY Slip Op 07846

42 N.Y.S.3d 10

STEVEN DWYER, Plaintiff, v. CENTRAL PARK STUDIOS, INC., et al., Defendants, and MICHAEL SLOSBERG, Respondents. CENTRAL PARK STUDIOS, INC., et al., Third-Party Plaintiffs, v. DSA BUILDERS, Third-Party Defendant/Second Third-Party Defendant-Appellant. MICHAEL SLOSBERG et al., Second Third-Party Plaintiffs-Respondents.

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

Decided November 22, 2016.


The record presents issues of fact as to whether the parties intended to be bound by the several unsigned documents that the Slosbergs assert comprise their agreement with DSA (see Flores v Lower E. Side Serv. Ctr., Inc., 4 N.Y.3d 363, 369 [2005]). These documents include an AIA "Standard Form of Agreement Between Owner and Contractor for a Small Project," "General Conditions of the Contract for Construction of a Small Project,"...

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