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HUGH O'KANE ELECTRIC CO., INC. v. COUNTY OF WESTCHESTER

54 A.D.3d 660 (2008)

862 N.Y.S.2d 804

HUGH O'KANE ELECTRIC CO., INC., Appellant, v. COUNTY OF WESTCHESTER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 2, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to raise a triable issue of fact in response to the defendant's prima facie showing of its entitlement to judgment as a matter of law based on the unambiguous terms of the contract. The contract should be enforced according to its plain meaning (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162 [1990]; McGuckin v Snapple Distribs...

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