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DEAN/WOLF ARCHITECTS v. GOTTLIEB

11321.

182 A.D.3d 413 (2020)

119 N.Y.S.3d 851

2020 NY Slip Op 02159

Dean/Wolf Architects, Appellant, v. Steven Gottlieb, Respondent, et al., Defendants.

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

Decided April 2, 2020.

While the trial court should not have interpreted section 11.5.1 of the parties' agreement to divest plaintiff of all damages under the agreement, plaintiff failed to prove its entitlement to any amounts beyond the sum awarded (see Cobble Hill Nursing Home v Henry & Warren Corp., 74 N.Y.2d 475, 483 [1989], cert denied 498 U.S. 816 [1990]). Its invoices, time sheets, and payment records failed to establish that there was...

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