WAVERTREE CORPORATION v. BELLET CONSTRUCTION CO., INC.

5474, 651551/11.

157 A.D.3d 552 (2018)

69 N.Y.S.3d 629

2018 NY Slip Op 00332

WAVERTREE CORPORATION, Appellant, v. BELLET CONSTRUCTION CO., INC., Respondent.

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

Decided January 18, 2018.


Both the motion and the trial court properly determined that the jury should resolve the question of whether plaintiff was entitled to delay damages and attorneys' fees based on defendant's breach of the contract, and the jury found that defendant did not breach the contract (see Smith v Putnam, 145 A.D.2d 383, 385 [1st Dept 1988], appeal dismissed in part, denied in part 74 N.Y.2d 758 ...

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