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COASTAL SHEET METAL CORP. v. MARTIN ASSOCIATES, INC.

63 A.D.3d 617 (2009)

881 N.Y.S.2d 424

COASTAL SHEET METAL CORP., Appellant, v. MARTIN ASSOCIATES, INC., Respondent, et al., Defendants.

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

Decided June 25, 2009.

The court erred in finding that, contrary to its claim of underpayment on a total of 13 jobs, plaintiff had in fact been overpaid, based on its review of change orders in only 10 of those jobs. The grant of summary judgment to defendant was error inasmuch as the documentation it provided failed to demonstrate that it had made full payment to plaintiff and that no issues of fact remained. Defendant "cannot obtain summary judgment...

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