SAETEROS v. SEVEN UP REALTY, LLC

23759/14E. Appeal No. 12073. Case No. 2020-00791.

187 A.D.3d 559 (2020)

134 N.Y.S.3d 19

2020 NY Slip Op 05836

Luis Saeteros, Plaintiff, v. Seven Up Realty, LLC, Defendant/Third-Party Plaintiff-Respondent-Appellant. AJ Greenwich Contracting, Inc., Third-Party Defendant-Appellant-Respondent.

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

Decided October 15, 2020.


Contrary to Seven Up Realty's contention, the estimate for certain work that was executed by the parties and invoices were not contract documents under the contract initially entered into with AJ Greenwich. However, while the contract required a change order or construction change directive signed by the owner and architect to modify the contract, "oral directions to perform extra work, or the general course of conduct between the parties, may modify or eliminate contract...

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