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Joseph A. Valente v. Two Guys from Harrison

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eBook details

  • Title: Joseph A. Valente v. Two Guys from Harrison
  • Author : Supreme Court of New York
  • Release Date : January 05, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

We find no basis to disturb the trial court's determination (Conklin v. State of New York, 22 A.D.2d 481, 483; Tyrell v. State
of New York, 6 A.D.2d 958; see, also 11 Carmody-Wait 2d, New York Practice, § 72:155, p. 312) including its interpretation
of the contractual provisions involved. Under the contract appellants were to perform demolition, removal, filling, compaction
and grading operations as distinct contractual responsibilities, and a literal reading of the "site work" clause clearly manifests
this distinction. Furthermore, the fact that all the contract clauses relating to fill refer to compaction is as much an affirmation
of respondent's argument that the whole project had such requirements as it is of appellants' theory that compaction only
applies to fill areas. Moreover, there is no reason for trade usage and custom with unambiguous contractual provisions for
95% compaction throughout. Nor are "extras" involved contractually (10 N. Y. Jur., Contracts, § 282, p. 230; Snare
Triest Co. v. City of New York, 191 App. Div. 184, 203, affd. 233 N. Y. 528) or factually since no written authorization for
the work was obtained, as was the undisputed custom on this project. Given the alleged initial disagreement over the nature
of the job and the fact that the work took approximately a week, it seems unbelievable that appellants would proceed with
an "extra" without a customary signed receipt and significantly, appellants never even claimed that Dinyovski, respondent's
traveling construction engineer, agreed that the work was "extra", just that he said go ahead with the job. Disposition Judgment affirmed, with costs.


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